The Kembar Manten in Java Majapahit Wedding Traditions in Mojokerto: Perspectives on Natural Law and Anthropology of Islamic Law

Hidayah, Khoirul ORCID: https://orcid.org/0000-0003-1218-1411, Syarifah, Umaiyatus, Muhammad, Muhammad ORCID: https://orcid.org/0000-0001-6623-5257, Bachri, Syabbul ORCID: https://orcid.org/0000-0002-1687-2087 and Roibin, Roibin ORCID: https://orcid.org/0000-0002-2974-0884 (2024) The Kembar Manten in Java Majapahit Wedding Traditions in Mojokerto: Perspectives on Natural Law and Anthropology of Islamic Law. Samarah: Jurnal Hukum Keluarga dan Hukum Islam, 8 (2). pp. 770-790. ISSN ISSN 2549-3132 (print) ISSN 2549-3167 (online)

Text samarah.pdf Download (641kB)

Abstract

Majapahit Java has customary law, namely rules prohibiting "kembar
manten" marriages, namely two bride and groom couples marrying at the same
time and the walimah party is held together with the symbol 'kuwade' in one
'terop'. This study employs empirical legal methodologies, incorporating a
phenomenological and anthropological approach. Meanwhile, the analytical tools
encompass notions related to natural law, justice, and the anthropology of Islamic
law. The collection of primary data was conducted through interviews of
traditional authorities, religious leaders, knowledgeable individuals in the
customary laws, and marriage practitioners who perform 'Kembar Manten'
marriages in Mojokerto. The examination was conducted utilizing Thomas
Aquinas' theory of natural law and justice, joining with the anthropology of
Islamic law. In order to achieve justice in the natural law, it is necessary to have
a policy and proportionality when making the walimah ursy, which is specifically
created for a single wedding pair. In the field of the Islamic law anthropology, the
'Kembar Manten' refer to customs and customary laws that are regarded
obligatory and advantageous. They are intended to promote the welfare of both
the bride and groom's families. Neither the Qur’an nor the Hadith provide any
instructions suggesting that the walimah ursy is meant for more than one couple
during a single walimah. The ban of 'Kembar Manten' in the framework of Islamic
legal anthropology is a customary practice within the community aimed at
achieving well-being and security. Provided that the rules are designed to promote
goodness and safety, it is imperative to preserve the values of local wisdom rules
as a valuable cultural heritage of the nation. This article aims to enhance
understanding of the customary law and local wisdom values in the Indonesian
marital law

Item Type:	Journal Article
Keywords:	Kembar manten, Javanese customary matrimony, natural law, Islamic law
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180119 Law and Society
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Umaiyatus Syarifah
Date Deposited:	04 Jun 2024 11:57

Downloads

Origin of downloads

Actions (login required)

View Item