Jumarim, Jumarim The Interplay of Fiqh, Adat, and State Marriage Law: Shaping Legal Consciousness of Sasak Women. https://doi.org/10.19105/al-lhkam.v19i1.10522, 1 (19). pp. 27-52. ISSN 1907-591X, E-ISSN: 2442-3084 (Submitted)

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Abstract

ENGLISH Sasak women grapple with a legal conundrum stemming from the coexistence of multiple marriage legal frameworks encompassing fiqh, adat, and state law. This intricate legal pluralism dynamically shapes the legal consciousness of Sasak women as they navigate te selection of legal avenues to secure legality and address their marital legal challenges. This study pursues two primary objectives: firstly, to examine the intricate interplay among fiqh, adat, and state marriage law concerning the provision of legal certainty and protection for Sasak women; secondly, to probe into the manifestations of legal consciousness arising from the plural marriage legal frameworks. Data were collected through document analysis, literature review, and in-depth interviews with selected Sasak women. The findings illuminate a dynamic interplay among fiqh, adat, and state marriage law across various marital facets, including prenuptial considerations, minimum marriage age, marriage prerequisites and pillars, marriage contracts, residency, polygamy, divorce, and reconciliation. Moreover, the study identifies three distinct forms of legal consciousness emerging among Sasak women: ‘before the law’ when confronting fiqh, ‘with the law’ when embracing formal legal mechanisms to address marital issues, and ‘against the law’ when eschewing formal legal provisions. In conclusion, state marriage laws are more progressive in providing legal certainty and protection for women but lacking criminal sanctions/fines weakens their position compared to religious law (fiqh) and customs (adat). Ultimately, this shapes the legal consciousness of Sasak women in diverse ways.

Item Type:	Article
Uncontrolled Keywords:	Adat; Fiqh Munakahat; Legal Consciousness; State Marriage Law; Sasak Women
Subjects:	13 EDUCATION > 1301 Education Systems > 130103 Higher Education 13 EDUCATION > 1301 Education Systems > 130104 Sasak, Samawa, Mbojo Education
Divisions:	Fakultas Syariah > Jurusan Ilmu Falaq
Depositing User:	Raden . Jie
Date Deposited:	28 Jun 2024 04:14
Last Modified:	28 Jun 2024 04:14
URI:	http://repository.uinmataram.ac.id/id/eprint/3665

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