The implementation of the family law principles in South Korea’s mixed marriage families in social construction perspective

Hasan, Sudirman, Whindari, Yayuk ORCID: https://orcid.org/0009-0002-2868-2763 and Hayati, Irma Nur (2024) The implementation of the family law principles in South Korea’s mixed marriage families in social construction perspective. Research Report. Universitas Islam Negeri Maulana Malik Ibrahim Malang. (Unpublished)

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Abstract

This research explores the implementation of Islamic family law principles within mixed marriage families in South Korea, specifically focusing on Indonesian-Korean couples, through the lens of Social Construction Theory. Since the late 1990s, South Korea has experienced significant growth in international marriages, largely due to demographic shifts and socio-economic factors that have led Korean men to seek brides from Southeast Asia and China. The influx of marriage migrants has transformed the demographic landscape of South Korea, particularly in rural areas. Within this context, Islamic family law, which governs marriage, rights, and responsibilities within Muslim households, has become a critical framework for understanding the dynamics of family life among Muslim couples in South Korea.
This study applies Berger and Luckmann’s Social Construction Theory, which identifies three main stages: externalization, objectivation, and internalization, to analyze how Islamic family law is adapted and integrated into the daily lives of mixed marriage families. The research reveals that while couples face significant cultural and religious challenges, they navigate these through an ongoing process of social interaction that allows them to reconcile traditional Islamic family principles with the social norms and practices of Korean society.
The study highlights the ways in which Indonesian-Korean couples externalize their cultural and religious values, objectify them into accepted practices within their family structures, and internalize these principles despite the cultural differences they encounter. Notably, the research identifies instances where Islamic family law principles, such as marriage roles, child-rearing practices, and gender roles, are modified or blended with Korean societal norms.
Furthermore, the research emphasizes the importance of community support, such as the role of local Islamic organizations in South Korea, in helping these families navigate the complexities of maintaining religious practices while integrating into the multicultural society.
In conclusion, this study contributes to the understanding of how Islamic family law is applied in a multicultural context and provides insights into the dynamic and evolving nature of family life in mixed- marriage households. The findings underline the importance of balancing cultural heritage with social adaptation in ensuring harmony and the well-being of mixed marriage families in South Korea. Future research could explore the long-term effects of such marriages on the religious and cultural identity of children in these families.

Item Type:	Research (Research Report)
Keywords:	family Law; Social Construction Theory; Mixed Marriage; South Korea
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Yayuk Whindari
Date Deposited:	20 Dec 2024 15:04

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