SANCTIONS FOR ANNULMENT OF MARRIAGE IN THE CUSTOMARY LAW OF THE PEKANBARU MALAY COMMUNITY
DOI:
https://doi.org/10.56107/ijpa.v2i1.105Keywords:
Customary Sanctions, Annulment of Marriage, Malay SocietyAbstract
The betrothal is conducted before the traditional marriage ceremony is carried out. Betrothal is commonly called an engagement or application process carried out by the male party to the female side. This research was conducted to determine the sanctions in the customary law of the Malay community that apply if one of the bride and groom's parties cancels the betrothal agreement and how the law is carried out. The research uses qualitative methods that are descriptive analysis. This study uses Schleiermacher's romantic hermeneutics, which is a text analysis approach. Based on the results of the research discussion, it can be concluded that the Malays uphold the rules and laws of Islamic sharia in marriage. In this study, there are two versions of customary sanctions adopted by the Malay community. The customary sanction applied in Kuantan Singingi Regency, Kuantan Hilir Seberang District, regarding the annulment of marriage is the agreement of both parties to provide a number of materials to one of the aggrieved parties so that there is no misunderstanding. This sanction is carried out in order to have a deterrent effect on the party who breaks the promise or cancels the marriage.
References
Fahmi, Ahmad. (2019). Construction of Customary Law of Marriage of Palembang Malay Community Based on Islamic Shari'a. Dissertation of Raden Fatah State Islamic University Palembang http://repository.radenfatah.ac.id/11994/1/Disertasi%20Lengkap.pdf .
Fatah, Abdul. (2017). The Blessing of Al-Aqsha Scheleiermacher's Hermeneutic Perspective. Journal of Ma'had Research UIN Walisongo Vol.14 No.1, https://doi.org/10.28918/jupe.v14i1.1205.
Hamdan, Muhammad. (2020). Infidel Philosophy in the Qur'an: A Hermeneutic Analysis of Schleiermacher. Tashwirul Afkar Journal Vol. 38, No.2, http://tashwirulafkar.net/index.php/afkar/article/view/25/10
Iqbal, Nur Haq. (2020). Review of Islamic Law Against Didosa' Due to the Unilateral Cancellation of Male Opposition in the Ba'tan Indigenous Peoples. Iain Palopo State Islamic Institute thesis http://repository.iainpalopo.ac.id/id/eprint/2708/1/NURUL%20HAQ%20IQBAL.pdf.
Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage Article 1. Tahkim.Vol. VI Number 2 December 2016.
P.L. Berger and Luckman. (1990). Social Interpretation of Reality, A Treatise on the Sociology of Knowledge. Jakarta: LP3ES.
Saragih, Azzura Pattern. (2018). Cancellation of Marriage by Prospective Husband or Wife Based on Malay Customary Law. Thesis of Muhammadiyah University of North Sumatra Medan http://repository.umsu.ac.id/bitstream/handle/123456789/10413/SKRIPSI%20POLA%20AZZURA%20SARAGIH.pdf?sequence=1&isAllowed=y .
Surawidjaja, Djoko. (2019). Safety For The Rich Schleiermacher's Hermeneutic Analysis Of Quis Dives Salvetur. Thesis of Sanata Dharma University Yogyakarta, https://repository.usd.ac.id/42224/ .
Soepomo. (1982). Chapters on Customary Law. Jakarta: Pradnya Paramita.
Zulkarnain, Ilham. (2015). Implementation of Traditional Marriage Ceremony of Malay Community at Keraton Surya Negara Kelurahan Ilir Kota Kecamatan Kapuas Kabupaten Sanggau. Tanjungpura University Thesis 2015 https://jurnal.untan.ac.id/index.php/jmfh/article/view/11413 .
