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Mandara, I. Wayan Kantun, I. Putu Gelgel, and Ida Bagus Dharmika. "Hindu identity maintenance of mixture marriage in DKI Jakarta." International journal of social sciences 5, no. 3 (August 23, 2022): 222–29. http://dx.doi.org/10.21744/ijss.v5n3.1943.
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In a pluralistic society like Jakarta, it is very possible for marriages with religious backgrounds to occur. Marriage with two different religions is very unlikely because the law requires that the marriage be carried out in one religion. Hindus generally adhere to the patrilineal principle in the sense that the man is the head of the family. If there is an interfaith marriage, the wife must follow the husband's Hindu religion. However, it often happens that if there are marriages with different religious backgrounds, many Hindu men in DKI follow the religion of their wives. This causes the number of Hindu families to decrease. The results of the study show that a postmodern society like Jakarta often does not follow their religious norms, religion is seen as an obstacle to their freedom. Another factor of the weak maintenance of Hindu identity in husbands who engage in mixed marriages is the weak understanding of religion so that they easily convert to the religion of their wives.
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Sadnyini, Ida Ayu, and A. A. A. Ngurah Tini Rusmini Gorda. "Social Changes of Traditional Rules in Facing Contemporary Developments: A Sociological Study of Intercaste Marriagein Balinese Society." International Journal of Criminology and Sociology 10 (December 31, 2020): 79–83. http://dx.doi.org/10.6000/1929-4409.2021.10.11.
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Nowadays, it is important to examine the impetus for changes of traditional rules in facing contemporary developments and in this regard, this study took a private subject of rules on inter-caste marriage in the Balinese Hindu community. In this context, this study aims to investigate how the inter-caste marriage system is run as an effort to bridge traditional values and modern values based on legal equality and citizenship by taking Balinese society. This research is empirical research with a historical approach with the object of the research is inter-caste marriages. The results showed that the development of inter-caste marriage rules in the monarchy period was derived from Hindu law. The rules on inter-caste marriage during the colonial period can be found in the Peswara and after the independence, the inter-caste marriage is regulated in the Decree of House of Representative of Bali Province, Bhisama Sabha Pandita, and the Decree of MDP Bali. The Hindu community still maintains the sanctions against inter-caste marriage because of their adherence to the customary law of the traditional village.
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Agnes, Flavia. "Has the Codified Hindu Law Changed Gender Relationships?" Social Change 46, no. 4 (December 2016): 611–23. http://dx.doi.org/10.1177/0049085716666635.
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In the context of the current debate around enactment of a Uniform Civil Code (UCC), there seems to be a tacit acceptance that the codified Hindu family law will form the base of such a code. In this context, it has become necessary to examine whether the codified Hindu law, applicable to around 80 per cent of our population, has helped to bring about social transformation and change gender relationships. 1 At times, the continuation of the Hindu Undivided Family property is perceived as its main lacunae, but the discriminatory aspects of the Hindu cultural ethos which dominate the Hindu law of marriage are seldom held up for scrutiny. The ritual of kanyadaan; the notion that girls are paraya dhan; the pious obligation of a Hindu father to marry off his daughter which then gives boost to dowry; the view that Hindu marriages are sacramental and the accompanying pati-parameshwar concept; the premium placed on virgin brides which pressurises parents to perform child marriages and so on still dominate our social ethos and judicial discourse.
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Gelgel, I. Putu, and I. Putu Sastra Wibawa. "Penyuluhan Hukum Perkawinan Hindu Sebagai Strategi Menuju Desa Sadar Hukum." JURNAL SEWAKA BHAKTI 1, no. 1 (October 3, 2018): 1–7. http://dx.doi.org/10.32795/jsb.v1i1.16.
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Legal awareness of Hindu marriage law that has not been maximal is a problem for the community in Tista Village, Busung Biu Subdistrict, Buleleng Regency. One of the strategies to increase the legal awareness of Tista Village community especially in understanding Hindu marriage law through legal education is done to achieve maximal legal awareness of the community. The Community Service Team succeeded in providing an understanding to the public about the importance of knowing the law of Hindu marriage. Hindu marriage counseling activities by combining lecture and case-case models can be a model of future counseling by no longer doing legal counseling with lecture models only.
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Amien, Waheeda. "Race-Religious Discrimination in South Africa's Hindu Marriages." AJIL Unbound 118 (2024): 129–33. http://dx.doi.org/10.1017/aju.2024.19.
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South Africa is known historically for racial apartheid when people were classified as white, Indian, Colored, or Black/Native.1 Indians, Coloreds, and Blacks were discriminated against and denied rights afforded to whites. One example was the right to vote, which was withheld from anyone not classified as white.2 What is less well known is that other forms of discrimination also existed, including religion, culture, gender, and sexual orientation. These discriminations manifested in religious marriage laws. They also intersected in the domain of marriage through race and religion, resulting in what Rabiat Akande describes as “mutually imbricated religious and racial othering.”3 Akande's observation that “Euro-Christian foundations of the legal regime of religious liberty” excluded minority religions from legal protections in colonial settler situations resonates in South Africa.4 Apartheid South Africa adopted a colonial European Christianized approach to marriage, namely, the voluntary union of one man to one woman for the duration of the marriage.5 This definition of marriage was embedded within South Africa's common law and entrenched values of heteronormativity and monogamy, both of which are inherent in a Christian understanding of marriage. Consequently, same-sex marriages were excluded from legal protection.6 Similarly, customary marriages and Muslim, Hindu, and Jewish marriages were not legally recognized because they were potentially polygynous, which in South Africa was deemed immoral and contrary to the colonial and apartheid era notions of public policy.7 This essay focuses on the legal implications of Hindu marriages not being legally recognized in South Africa, and especially the disparate effect that this has on women. The essay thus adds a gendered dimension to Akande's arguments about religious discrimination.
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Chowdhry, Prem. "Private Lives, State Intervention: Cases of Runaway Marriage in Rural North India." Modern Asian Studies 38, no. 1 (February 2004): 55–84. http://dx.doi.org/10.1017/s0026749x04001027.
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The introduction of modern concepts like adulthood and sanctity given to individual rights has legally turned the individual settlement of marriage between two consenting adults to be legitimate. Under the Hindu Marriage Act 1955, except for certain incest taboos, the legal restrictions on marriage of two adult Hindus are almost non-existent. Briefly speaking, this means that under the law both sagotra (same gotra) and inter-caste marriages are permitted. Yet, the customary rules regulating marriages in most parts of north India are based upon caste endogamy, village and clan exogamy. While keeping within caste, they adopt the gotra or got, as is known in rural north India, rule of exogamy (gotra are an exogamous patrilineal clan whose members are thought to share patrilineal descent from a common ancestor). For marriage certain prohibited degrees of kinship have to be avoided. As a rule three or four got exogamy is followed by most caste groups upper or lower. Any break in this, though legally allowed, is not acceptable.
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Wibawa, I. Putu Sastra, I. Putu Gelgel, and I. Putu Sarjana. "Pada Gelahang Marriage: A Legal Pluralism Perspective." International Journal of Interreligious and Intercultural Studies 2, no. 1 (May 4, 2019): 47–58. http://dx.doi.org/10.32795/ijiis.vol2.iss1.2019.312.
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Presently, pada gelahang marriages are still controversial within Balinese society in terms of their implementation and the implications. A certain percentage of Balinese approve of pada gelahang marriages, while a certain percentage of people disagree for various reasons. These pros and cons are not tolerated. In fact, the phenomenon of pada gelahang marriages is often confounding to the Hindu community in Bali. Hence, solutions are required. While pada gelahang marriages can be found in many districts and regions in Bali, however, many doubts and problems still arise in their philosophical and juridical foundations. Therefore, research on pada gelahang marriages from the perspective of legal pluralism needs to be done. This research is a qualitative research with a legal sociology approach. Primary data is derived from field data from observations and from the results of interviews of related parties, while secondary data is obtained from literature books using the theory of legal pluralism as a guiding theory in the discussion of research. The results of the study indicate that the pada gelahang marriage has a philosophical foundation, juridical foundation and sociological basis for the creation of values of justice, legal certainty and the benefit of law in the framework of legal pluralism that provides a way to meet Hindu religious law, traditional village customary law and state law to set pada gelahang marriages
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Pande Putu Gita Yani, I Ketut Sukadana, and Luh Putu Suryani. "Perkawinan yang Tidak Dicatatkan dalam Masyarakat Hindu di Bali." Jurnal Preferensi Hukum 2, no. 1 (March 19, 2021): 150–55. http://dx.doi.org/10.22225/jph.2.1.3061.150-155.
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According to Article 2 of Law Number 1 of 1974 concerning Marriage, that marriage is considered valid if carried out according to religion and belief, and registered with civil registration. The divorce process is not stated in the Hindu community in Bali and due to marriage which is not recorded in the Hindu community in Bali. The research method uses a type of normative research, legal research that examines written law and divided aspects. Over time, problems often arise as a result of disharmony in domestic life. As a divorce arises, divorce is the end of a marriage. In Law No. 1 of 1974 the termination of marital ties can be caused by death, divorce, and court decisions. In the trial the divorce case does not have a marriage certificate so it can be replaced with a statement from the village.
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Syed Nadeem Farhat. "Hindu Marriage Law: Need, Impediments and Policy Guidelines." Policy Perspectives 12, no. 2 (2015): 131. http://dx.doi.org/10.13169/polipers.12.2.0131.
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Sadnyini, Ida Ayu. "PUNISHMENTS OF BRAHMIN WOMEN MARRIAGE TO MEN OF DIFFERENT CASTES IN BALI (IN THE PERSPECTIVE OF HINDU VALUES)." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 28, no. 3 (October 15, 2016): 544. http://dx.doi.org/10.22146/jmh.16693.
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ABSTRACT Brahmin women marriage to men of different castes in Bali is called intermarriage in terms of customary law, commonly is called asupundung. Punishments for such marriages still exist among people, especially patiwangi ceremonies and other social punishments. This study is conducted based on that issue. The research problems are how do punishmentsof Brahmin women marriage to men of different castes apply? How are marriage punishments in the perspective of Hindu values? The method used is empirical legal research using primary and secondary data which then are analyzed using legal theory, principles and teachings of Hinduism in qualitative descriptive and finally arguments are provided. Punishments for this marriage include: killed by jumping into the fire, drowned in a sea with a stone tied around legs, isolated, downgrading, not allowed to go home, refined language. These punishments in Hindu perspective are contrary to the teachings of Tri Hita Karana, Tri Kaya Parisudha, Vasudaiva, Kutumbakam, Tat WamAsi, Manusapada, Ardhanareswari, Akhroda, Ahimsa.
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Subramanian, Narendra. "Making Family and Nation: Hindu Marriage Law in Early Postcolonial India." Journal of Asian Studies 69, no. 3 (August 2010): 771–98. http://dx.doi.org/10.1017/s0021911810001476.
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Postcolonial states responded differently to the group-specific personal laws that were recognized in many colonial societies. While some retained most colonial personal laws (e.g., Lebanon) and others introduced major changes (e.g., Tunisia), most introduced modest yet significant changes (e.g., Egypt, India, Indonesia). Indian policy makers retained personal laws specific to religious groups, and did not change the minority laws, although minority recognition did not rule out culturally grounded reform. They changed Hindu law alone based on their values, as they saw Hindu social reform as the key to making nation and citizen. Reform proposals drew from the modern Western valuation of the nuclear family, and from Hindu traditions that were reformed to meet standards of modernity. As Hindu nationalists and other conservatives defended lineage authority, legislators retained much of the lineage control over ancestral property. But they provided limited divorce rights, reduced restrictions on mate choice, and banned bigamy. The visions driving the initial proposals influenced many later changes in India's family laws.
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Krishnaleela, S. "Comparative Study of Personal Law in India." Shanlax International Journal of Arts, Science and Humanities 7, no. 4 (April 1, 2020): 121–27. http://dx.doi.org/10.34293/sijash.v7i4.2374.
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A woman was considered less than a full human, an object to be transferred by her male guardian. Though the turn in rights and behavior hasn’t quite corrected itself, women, possibly in a better place today than ever before -women are uniformly discriminated in India concerning all religions. Poly gamy forms a key basis for discrimination among Muslim women. In Christians, a wife can claim separation only on the adultery of the husband and his change of profession of Christianity to some other religion and marrying other women -There are different inheritance rules among the male and female Hindus. All this discrimination among the Indian women have to without any distinction be they Christian, Hindu, Muslim, Parsi, Sikh or Buddhist take what is best in all laws and frame a Uniform Civil Code - This article critically examines the uniform discrimination of women in India among Hindu, Muslim and Christian female marriage, Divorce and succession.
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Balzani, Marzia. "Hindu women and marriage law: from sacrament to contract." Women's Studies International Forum 26, no. 3 (May 2003): 280–81. http://dx.doi.org/10.1016/s0277-5395(03)00057-8.
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Rajeev Kumar Singh and Jivesh Jha. "Hindu Jurisprudence as The Basis and Source of Nepalese Family Laws: An Investigation." QURU’: Journal of Family Law and Culture 2, no. 2 (April 25, 2024): 145–68. http://dx.doi.org/10.59698/quru.v2i2.198.
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Hindu jurisprudence has played an important role in the formation of the basis and source of family law in Nepal. This article conducts an in-depth investigation of how Hindu legal principles have influenced the regulation of family law in Nepal. Through careful analysis, it outlines the historical development of Hindu jurisprudence and the way its influence manifests in Nepal's family law provisions, particularly under the National Civil Code 2017. It explores the historical foundations of Hindu law and identifies its practical consequences in the Nepalese context, including possible incongruities between Hindu law and its regulations. In doing so, it provides a deep insight into the complexity of the interaction between Hindu legal traditions and the structure of family law in Nepal. This article discusses in detail the historical development of the recognition of Hindu jurisprudence under Nepal's family law. It illustrates how key laws, such as legal arrangements for marriage, adoption, maintenance, or division, are influenced by Hindu scriptures. The article explains the provisions of the family law (enacted under the National Civil Code, 2017) in light of Hindu laws and practices prevalent in India. It also presents inconsistencies between Hindu laws and embedded regulations. This research approach integrates as legal research with a socio-legal approach, and a thorough literature review to uncover the impact of Hindu jurisprudence on Nepali family law, particularly under the National Civil Code 2017. Through these methods, this article strengthens the understanding of the complex relationship between Hindu legal tradition and family law regulation in Nepal. The conclusion of this study highlights the importance of understanding the practical implications of the application of Hindu law in the context of Nepalese family law, as well as emphasizing the need for consistency and harmonization between Hindu law and applicable regulations to achieve justice in Nepal's evolving family law system.
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Brick, David. "The Debate on Cross-Cousin Marriage in Classical Hindu Law." International Journal of Hindu Studies 25, no. 1-2 (June 12, 2021): 1–54. http://dx.doi.org/10.1007/s11407-021-09287-7.
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Titisari, Anastasia Septya, Luh Kadek Ratih Swandewi, Carol Warren, and Anja Reid. "Stories of women's marriage and fertility experiences: Qualitative research on urban and rural cases in Bali, Indonesia." Gates Open Research 7 (October 11, 2023): 124. http://dx.doi.org/10.12688/gatesopenres.14781.1.
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Background: As a Hindu-majority province in Indonesia, Bali presents a unique and distinctive culture. Patrilocal (purusa) marriage and patrilineal inheritance as a continuation of the patriarchal system puts a man in the key role as a family successor. Having a son is a priority for a married couple in Balinese society. As a consequence, Balinese women experience several constraints related to their economic productive, reproductive, and adat (ritual) roles. When a family does not have a male heir, their daughter is pressed to find a spouse willing to accept sentana (matrilocal) marriage. This secondary form of marriage brings another complication for Balinese-Hindu women and does not necessarily relieve their submissive position. This research analyzes Balinese-Hindu women’s perspectives on their marriage experiences and fertility decisions. Methods: The data was collected in two areas representing rural (Banjar Tumbakasa in Gianyar) and urban (Banjar Biaung in Denpasar) locations in Bali Province, Indonesia from November 2019 to February 2020. Primary data was based on in-depth interviews of six rural and six urban married Balinese-Hindu women. Results: This qualitative inquiry into Balinese women's experience of the marriage system and fertility options in urban and rural Bali revealed varying degrees of social expectation to provide male descendants for their families. At the same time, economic burdens still haunt them in this development era, and have conflicting implications for family size. Their stories of purusa (patrilocal) and sentana (matrilocal) marriage were complex, being strongly associated with customary law (adat) in traditional society. Paradoxically, however, it was rural women in the study sample who disproportionately opted for the sentana arrangement and limitation of family size. Conclusions: This study explores women's fertility aspirations, notably regarding son precedence. It problematizes the sentana marriage alternative as a solution to lighten the expectations and burdens affecting women.
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Istri Agung, I. Gusti Agung, Ni Ketut Kantriani, and Ni Made Ramiati. "Nyeburin Marriage Ceremony in Accordance with Balinese Customary Law in Mas Traditional Village." Jurnal Penelitian Agama Hindu 8, no. 2 (April 17, 2024): 171–81. http://dx.doi.org/10.37329/jpah.v8i2.2745.
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The position of sons is critical in customary law societies in Bali. This is related to the belief in the community that if there is no son, there will be no one to carry out customary and religious obligations in a Hindu family. Facing this situation, Balinese customary law combined with Hindu law offers a solution by elevating the status of girls to purusa status, allowing them to have the same rights and responsibilities as boys. The purpose of this study is to describe the Nyeburin marriage ceremony according to Balinese customary law in Mas traditional village. This type of research is qualitative with a phenomenological approach. This research was conducted in Desa Adat Mas. This research uses qualitative data sourced from primary and secondary data. Determination of informants was determined by purposive sampling. The data collection techniques used were observation, interview, literature, and document study. This research used data analysis techniques: data reduction, data presentation, and conclusion drawing. The findings of this study are that Nyeburin marriage has a change in status; namely, the wife has purusa status (male status), so it has consequences for the procedures for implementing marriage, the position of the husband, and the offspring obtained. In Nyeburin marriage, the implementation is also carried out at the purusa residence, which, in this case, is the bride's house. Furthermore, the husband will follow or enter the wife's family environment and legally break away from the bonds of family origin.
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Subrahmaniam Saitya, Ida Bagus, I. Made Pasek Subawa, and I. Komang Suastika Arimbawa. "Tindak Pidana Kekerasan Seksual Terhadap Anak Menurut Hukum Hindu." Kamaya: Jurnal Ilmu Agama 3, no. 2 (May 4, 2020): 135–43. http://dx.doi.org/10.37329/kamaya.v3i2.436.
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Laws are basically made with the aim of creating security and order in people's lives. Although the law was made to bring order to life, but in reality there are still many people who break them. One of the acts that often happens in society today is the exploitation of children. One of the cases of child exploitation that occurred as a case of child sexual abuse. The contributing factors are internal factors (such as the proximity of the perpetrator to the victim) and external factors (such as being away from the crowd). Because of that, efforts to protect children really need to be done. According to Law Number 23 of 2002, a child is given protection from the womb until he is 18 (eighteen) years old. In this regard, in Hinduism we can also find a legal term known as dharma. Hindu law is divided into two, namely public law (Kantaka Sodhana or Hindu criminal law) and private law (Dharmasthiya or Hindu civil law). The Kantaka Sodhāna can be seen in a subjective sense (ius puniedi) and in an objective sense (ius poenale). Then, regarding the crime of sexual violence against children is not specifically regulated in Hindu law, but the relationship made between men and women who do not have legitimate ties of marriage (marriage), then this act is a crime called Lokika Sanggraha. Therefore, acts of sexual violence against children can be likened to the act of Lokika Sanggraha. In this regard, in Article 171 Ekadaso'dhyayah Mānava Dharmaśāstra, the deed can be blamed and threatened with imprisonment for 12 (twelve) years. The term tapa must be interpreted as imprisonment because in a state a person is imprisoned as suffering as a hermit.
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Budiawan, Ketut. "Analisis Penyelesaian Perkara Perkawinan Umat Hindu Berdasarkan Norma Agama dan Hukum (Studi Kasus di Pengadilan Negeri Denpasar)." Belom Bahadat 14, no. 1 (June 8, 2024): 1–24. http://dx.doi.org/10.33363/bb.v14i1.1148.
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This study describes how the settlement of Hindu marriage cases through the court because until now the Hindu community in the Implementation of the Legal System does not yet have a Hindu Law Compilation as a Legal Substance in the process of marital settlement. The approach used is a qualitative approach with a case study research design in the Denpasar District Court. Legally substance, the source of applicable law is the source of civil procedural law as well as the principles and provisions that apply in general justice, Customary Law, Jurisprudence, expert opinion. Legal sources related to the teachings of Hinduism based on the results of interviews with judges, the judge said that had never been in the interpretation of the case decided sourced from Hindu Law Sources because the legal sumer in question does not yet exist. Furthermore, the results of the study indicate that the tendency of civil sub-classification divorce case data within a period of 2 months and 27 days has increased in the jurisdiction of the Denpasar District Court of the City of Denpasar and Badung Regency consisting of 10 Districts and 105 villages / sub-districts having divorce cases with the number of cases as many as 201 cases, which already have permanent legal decisions as many as 74 cases and those that are still in a trial are 127 cases. Legal culture as the attitude or appreciation of the community towards the law and the legal system is very high, proven based on case data that is resolved through the courts, meaning that trust in the law, values, ideas or hopes, and expectations become an important part of the community Hinduism in Denpasar City and Badung Regency which are the jurisdiction of the Denpasar District Court to obtain the values of justice. The forms of settlement of marital cases in court and the implications for the position of Hindu women in the legal system through mediation are regulated in the Supreme Court Regulation of the Republic of Indonesia Number 1 of 2016 and the trial process until the final legal verdict. Keywords: Marriage Matters, Religious Norms, Legal Norms, Legal System, Hindu Women.
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Limarandani, Ni Putu, Ahmad Sihabudin, and Mirza Ronda. "Inter-caste Marriage and the Impact on the Intra-cultural Communication Pattern of Balinese Hindu in Indonesia: An Ethnography Study." Asian Social Science 15, no. 3 (February 28, 2019): 40. http://dx.doi.org/10.5539/ass.v15n3p40.
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Intra-cultural communication of the Balinese community, acted as a representation of cultural and social identity. This intra-cultural relationship has consciously built relations of power in the life of the Balinese Hindu community including in very personal matters such as marriage. There are two kinds of marriages for Balinese Hindu, memadik (wooing) and ngerorod (eloping). The second married arose when women from high caste married with a man from a lower caste. In the Dutch colonial era, this kind of marriage was outlawed, since this time categorized as unexpected marriage. One of the consequences of eloping married, known as nyerod in Bali is a decline in the caste of the bride as same as the groom. Accordingly, the couple should change their ways of communication when they interact with the bride family. The aims of this paper is to describe the intra-cultural communications among the nyerod couple with their family and the indigenous environmental in Balinese Hinduism. The ethnography approach was taken to describing and analyzing the primary data from interview and observation. The result shows that the intracultural communication pattern among nyerod women and their parent, sibling and extended family, represent by their impression management. The foundation of interactions are the form of their identity which develops in four layers and bound by customary law.
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Kantriani, Ni Ketut, and Ida Bagus Sudarma Putra. "HARMONISASI HUKUM PENGANGKATAN ANAK DALAM DESA ADAT DI BALI (SUATU KAJIAN PLURALISME HUKUM)." VYAVAHARA DUTA 16, no. 2 (September 29, 2021): 172. http://dx.doi.org/10.25078/vd.v16i2.2910.
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<p><em>Offspring is expected in marriage, in Hinduism the purpose of marriage, namely in the book of Manawa Dharmasastra, mentioned that praja (giving birth to offspring). But in reality in marriage not all the wishes that are expected will be achieved. In Bali marriages that do not have children generally perform the rapture of children. According to Balinese customary law the removal of children is generally a child who is raised from the purusha line (from the male lineage), the purpose of the child's rapture is to continue the offspring, responsibility in the form of rights and obligations. The appointment of children for a Hindu married couple who are Balinese,</em> <em>Then the implementation of the child appointment process should follow the provisions of Hindu law, then Balinese customary law (awig-awig and pararem) that applies in each customary village in addition to also still referring to the process of child adoption procedures that have been regulated in the applicable legislation in Indonesia. Based on this background, the issues discussed can be formulated as follows: 1. How to regulate the shahnya rapture of children according to customary law, Hinduism and National Law. 2. How the process of carrying out the appointment of children in indigenous villages in Bali is studied from legal pluralism. concepts: harmonization of law, adoption of children, pluralism of law, theory using legal pluralism (John Griffiths) and living law theory (Eugene Ehrlich), type of empirical legal research, descriptive nature of research, type of data qualitative and sourced from primary data and secondary data, using methods of data collection, obsenvation, interview, and literature. Determination of informants using non probability sampling, the instrument used by mobile phones, management and qualitative and systematic descriptive analysis. The results of research 1) The regulation of the shahnya child appointment can be seen from 3 legal bases, namely national law, customary law, and religious law. 2) In the process of carrying out the adoption of children in indigenous villages in Bali on the point of view of legal pluralism, namely the combination of three basic legal rules, including national law, customary law (awig-awig and pararem), and religious law (Hindu law), where the three legal bases run simultaneously in the implementation of child adoption in harmony, and balance, so as to create a harmony of law in the implementation of child appointment in indigenous villages in Bali</em></p><p><strong>Keywords</strong>: <em>Harmonization of the Law, Adoption of the Child, Pluralism of Law</em></p><p> </p>
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Murtiawan, I. Wayan Ery Prayana, I. Nyoman Putu Budiartha, and Diah Gayatri Sudibya. "Hak Memelihara Anak setelah Putusnya Perkawinan karena Perceraian Menurut Hukum Adat Bali." Jurnal Analogi Hukum 2, no. 1 (March 4, 2020): 93–97. http://dx.doi.org/10.22225/ah.2.1.1630.93-97.
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Behind the events of marriage and divorce, the existence of children is very important in the life of the Balinese people. Even many married couples are willing to divorce because it does not produce offspring or children in their marriages. The formulation of the problem in this study is: how is the right to care for children after the breakup of marriage due to divorce and how the position of the child according to Balinese customary law is after the termination of marriage due to divorce. The type of research used in the preparation of this proposal is normative legal research. The results of the discussion in this study are those who are obliged to care for children in divorce cases are the father of the child, because marriage according to Hindu law in Bali adheres to the Fatherhood system (Vederrechtelijk), so that the more privileged are purusa or male parties. About custody of children who are underage and breastfeeding usually the court gives custody of the child to the mother, this is due to humanitarian factors for the growth and development of the child. The position of the child after the breakup of marriage is that the child as heir and successor descendant is referred to as the term sentana the importance of the value of the child in accordance with the teachings of Hinduism that animates the lives of Balinese people.
Dibalik kejadian perkawinan dan perceraian, keberadaan anak sangat penting dalam kehidupan masyarakat Bali. Bahkan banyak pasangan suami istri rela cerai karena tidak membuahkan keturunan atau anak dalam perkawinannya. Rumusan masalah dalam penelitian ini yaitu: bagaimanakah hak memelihara anak setelah putusnya perkawinan karena perceraian dan bagaimanakah kedudukan anak menurut hukum adat Bali setelah putusnya perkawinan karena perceraian. Tipe penelitian yang dipergunakan dalam penyusunan proposal ini adalah penelitian hukum normatif. Hasil pembahasan dalam penelitian ini adalah yang berkewajiban memelihara anak dalam kasus perceraian adalah ayah dari anak tersebut, karena perkawinan menurut hukum Hindu di Bali menganut sistem Kebapaan (Vederrechtelijk), sehingga yang lebih berhak adalah pihak purusa atau pihak laki-laki. Tentang hak asuh anak yang masih dibawah umur dan sedang menyusui biasanya pengadilan memberikan hak asuh anak tersebut berada pada ibunya, hal tersebut disebabkan karena faktor kemanusiaan demi tumbuh kembang anak. Kedudukan anak setelah putusnya perkawinan adalah anak sebagai ahli waris dan penerus keturunan yang disebut sebagai istilah sentana pentingnya nilai anak tersebut sesuai dengan ajaran Agama Hindu yang menjiwai kehidupan masyarakat Bali.
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Harsananda, Hari, and I. Made Adi Widnyana. "BAYI TABUNG MENURUT DIMENSI HUKUM HINDU (PERSPEKTIF LONTAR BHUANA MAHBAH)." VYAVAHARA DUTA 15, no. 1 (May 15, 2020): 8. http://dx.doi.org/10.25078/vd.v15i1.1409.
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<p>Marriage is a phase that binds a couple called husband and wife in a marriage bond. The purpose of marriage one of course is to have offspring as a family successor. But not all couples can have offspring naturally due to interference with reproduction in one partner or both partners, so they are considered as unproductive couples. However, as advances in the health sector began to be found assisted reproductive technology methods, which allow unproductive couples to have offspring through the method of fertilization outside the womb, henceforth this program is often known as the IVF program. However, this program cannot be immediately accepted in the community, causing controversy in its journey.<br />In this paper, the IVF method is seen from the perspective of the legality of<br />national law and Hindu religious law, which method of IVF is something that can be done with its terms and conditions. In national law it is regulated that IVF is legal as long as the sperm and egg cells that will be fertilized through this program are from a legitimate married couple. Likewise Hindu teaching in lontar bhuana mahbah views this positively, because having offspring is a good thing and can help ancestors in terms of experiencing the process of reincarnation, but in the process of implementing IVF there are some formulations of the requirements that must be done by Hindu couples in undergoing a baby program This tube, which is a masturbation carried out in order to obtain offspring is not a masturbation aimed at achieving sexual satisfaction (masturbation) but purely for health, and if an abortion occurs, the fetus who died must receive a ceremony of panglungahan</p>
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Nisa, Nurulia Shalehatun. "Tinjauan Fiqh ‘Urf Terhadap Praktik Perjanjian Perkawinan (Studi Empiris Adat Dayak Ngajudi Kota Palangka Raya)." ASASI: Journal of Islamic Family Law 2, no. 2 (April 20, 2022): 222–33. http://dx.doi.org/10.36420/asasi.v2i2.195.
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Marriage agreements in Indonesia are regulated in the Civil Code (KUHPerdata), Compilation of Islamic Law (KHI), and Law Number 1 of 1974 concerning Marriage (Marriage Law) jo. Decision of the Constitutional Court Number 69/PUU-XIII/2015 so that the marriage agreement is legal and lawful. The marriage agreement in the Dayak Ngaju indigenous people is called a symbol. Perlambang is one of a series of traditional Dayak Ngaju marriage procedures. This paper aims to analyze the practice of marriage agreements that grow and live to become a culture of the Dayak Ngaju indigenous people in Palangka Raya City when viewed from the point of view of 'Urf. This writing is the result of research qualitative or empirical studies.The marriage agreement made to the Ngaju Dayak indigenous people has an important role, even though it is part of a series of traditional marriage rituals which in fact originates from the Hindu Kaharingan religion, but in its journey along with the introduction of Islam among the people, it has experienced various adaptations and adjustments to Islamic beliefs. . So that in practice, marriage agreements in the Dayak Ngaju customary community can still be carried out and benefited even by people who are Muslim.
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Sharma, Kanika. "Withholding Consent to Conjugal Relations within Child Marriages in Colonial India: Rukhmabai's Fight." Law and History Review 38, no. 1 (February 2020): 151–75. http://dx.doi.org/10.1017/s0738248020000024.
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Married at the age of eleven, Rukhmabai refused to go and live with her husband who had filed a suit for restitution of conjugal rights against her in 1884. This paper analyses the transplantation of the notion of restitution of conjugal rights into Hindu personal law in India at a time when child marriage was rife and there was no minimum age of marriage. Within this context Rukhmabai's case symbolises an important interjection in its attempt to posit lack of consent to an infant marriage as a defence against suits for restitution of conjugal rights. This marked a shift from female consent being understood as a question of physical maturity alone, to a claim of intelligent consent and the capacity to withhold such consent within an unconsummated marriage arranged in the girl's infancy. While analysing these notions of consent within colonial law the paper also closely scrutinises Rukhmabai's public writings to recover one of the earliest published Indian female views on the need for marital consent.
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Lubis, Aldi Subhan, and Zaini Muhawir. "The Dynamics of Interreligious Marriage in Indonesian Religious and Legal Perspectives." ARRUS Journal of Social Sciences and Humanities 3, no. 1 (April 11, 2023): 43–51. http://dx.doi.org/10.35877/soshum1658.
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Mixed marriages due to ethnicity have become commonplace in Indonesia. Still, a wedding occurs due to differences in the faith or religion of the prospective partner. In that case, it will cause new problems related to the legal status of the marriage or the legal consequences arising from the wedding. This type of research is normative juridical research using data from primary, secondary and tertiary legal materials. Based on the research results, it is known that some religions in Indonesia strictly prohibit it, while others forbid it but are still allowed. For example, Islam strictly prohibits marriage to faith outside of Islam. Christianity and Catholicism are also banned because they consider marriage not ideal. If the Hindu religion believes that if it is done outside of Hinduism, then the marriage is deemed invalid, while Buddhism and Confucianism do not have a problem with this. Related to the formal juridical aspect, this interfaith marriage is legal because this interfaith marriage has been recorded and has a marriage certificate issued by an official of the Population and Records Service Office by Article 2 paragraph (2) of the Marriage Law, but only in an administrative form. Meanwhile, this interfaith marriage is invalid if we look at the applicable legal regulations. From the research above, it can be concluded that unions carried out with different religions can only be registered administratively; from a legal and religious point of view, each is considered invalid because there are no clear rules governing it.
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Yussof, Sheila Ainon. "Conversion Issues in Malaysia: A Challenge to Religious and Racial Harmony." ICR Journal 5, no. 3 (July 15, 2014): 446–49. http://dx.doi.org/10.52282/icr.v5i3.392.
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There is a worrying trend recently of inter-religious cases which have fuelled angst amongst multiracial communities in Malaysia, and which threaten to disrupt racial harmony or dismantle the 1Malaysia Unity Framework. We refer to the recent case of a “Muslim” bride (named Zarina Majid) marrying her Hindu boyfriend of seven years.
The earlier version of her story goes like this. Zarina was a product of the law which at its time allowed a unilateral conversion of minors by their parents who converted to Islam. Zarina’s parents married as Hindus in 1980. Her father converted to Islam at the urging of a relative while her mother remained a Hindu. It was reported that they remained in the “dual-religion” marriage for a good number of years, and Zarina said that her mother, being illiterate, did not realise that her children were Muslims. Her father registered them as Muslims in their birth certificates and in their MyKad (the national identity card). The problem arose when their father left his home after the birth of Zarina’s brother in 1990 and abandoned them. As a result of abandonment, Zarina was Muslim in name only, nurtured by her Hindu mother to become a practising Hindu, whilst the Muslim father moved on with his life presumably to marry a Muslim wife.
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Makhija, Ruchi. "Should Restitution Of Conjugal Rights Be Removed?" South Asian Law Review Journal 09 (2023): 76–85. http://dx.doi.org/10.55662/salrj.2023.902.
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In India, the societal opinion on marriage has historically been very conservative; divorce is considered to be taboo. Being in line with such views, personal laws are shaped in India in such a way where judges are directed to be very paternalistic; to try their best at reconciliation first. This is clearly mentioned in both, the Hindu Marriage Act[i] and the Special Marriage Act[ii]. In addition, similar provisions relating to the restitution of conjugal rights exist throughout various personal laws[iii]. Jani & Anr. v. Mohammed Khan[iv] and Monshee Bazloor v. Mohammed Khan[v]are some examples of Muslim personal law providing such a matrimonial relief of restoration of cohabitation. Owing to this deeply rooted relief in Indian law, there are a majority of cases which have come to Court requesting this decree to be passed. A majority of these cases have been ruled in favour of the party petitioning for restitution of conjugal rights. However, keeping in mind the changing times and the recent debate on the right to privacy[vi], the law must adapt to the new sentiments of its citizens. Numerous petitions have come about, arguing that such a law is archaic and in violation of the constitutional right to privacy, the most recent one in front of the Supreme Court being Ojaswa Pathak v. Union of India[vii] (2019-date). This topic has become the basis of a debate among Courts. Therefore I explore the question, ‘Should restitution of conjugal rights be retained or removed?’ Restitution of conjugal rights is a matrimonial relief provided to spouses of a valid marriage[viii] under Indian law. The aim of such a law was the idea that the people in a marriage are entitled to the consortium of each other; comfort, affection and aid. This was believed to be fundamental to the institution of marriage. Section 9 of the Hindu Marriage Act, 1955 states, “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied with the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.” Let us break this down and understand what this actually means.
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Wedanti, I. Gusti Ayu Jatiana Manik, I. Wayan P. Windia, and I. Ketut Sudantra. "Perkawinan Negen Dadua sebagai Wujud Kesetaraan Gender dalam Masyarakat Hukum Adat Bali." SINTHOP: Media Kajian Pendidikan, Agama, Sosial dan Budaya 2, no. 2 (December 31, 2023): 90–103. http://dx.doi.org/10.22373/sinthop.v2i2.3229.
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This article examines the concept of Negen Dadua marriage in Bali, a unique form of marriage recognized within Balinese Customary Law. This concept has emerged as a solution to inheritance and lineage issues, particularly in families without male children. The research method employed is normative-conceptual, utilizing primary and secondary legal sources. The analysis reveals that Negen Dadua marriage, recognized under national and Balinese customary law, accords both husband and wife the status of purusa, allowing them to maintain responsibilities and rights within their respective families. This study finds that Negen Dadua marriage not only complies with Balinese Customary Law and Hindu religion but also reflects a shift towards gender equality. It offers a solution to the inequity in inheritance and social roles between men and women. This indicates a positive development in social and legal awareness of gender equality in Bali, especially in family law. This marriage form, embodying gender equality, presents an efficient solution to inheritance issues without disadvantaging any party. The article concludes that Negen Dadua marriage is a manifestation of gender equality within the Balinese Customary Law community and represents a progressive step towards recognizing women's rights.
Abstrak
Artikel ini mengkaji Perkawinan Negen Dadua di Bali, yang merupakan bentuk perkawinan alternatif dalam Hukum Adat Bali. Konsep ini muncul sebagai solusi untuk masalah pewarisan dan keturunan, terutama di keluarga tanpa anak laki-laki. Metode penelitian adalah normatif konseptual, menggunakan sumber hukum primer dan sekunder. Analisis menunjukkan bahwa perkawinan negen dadua, diakui dalam hukum nasional dan adat Bali, memberikan status purusa kepada kedua suami dan istri, memungkinkan mereka mempertahankan tanggung jawab dan hak dalam keluarga masing-masing. Studi ini menemukan bahwa perkawinan negen dadua bukan hanya mematuhi Hukum Adat Bali dan agama Hindu, tetapi juga mencerminkan pergeseran menuju kesetaraan gender, menawarkan solusi untuk ketidaksetaraan dalam pewarisan dan peran sosial antara laki-laki dan perempuan. Ini mengindikasikan perkembangan positif dalam kesadaran sosial dan hukum tentang kesetaraan gender di Bali, khususnya dalam hukum keluarga. Perkawinan ini, sebagai wujud kesetaraan gender, menawarkan solusi efisien untuk masalah pewarisan tanpa merugikan pihak mana pun. Artikel ini menyimpulkan bahwa perkawinan negen dadua adalah manifestasi dari kesetaraan gender dalam masyarakat Hukum Adat Bali dan merupakan langkah maju menuju pengakuan hak-hak perempuan.
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Jiwana, I. Made Wata, and Putu Eka Trisna Dewi. "Conception of Sanctions for Same-Sex Marriage Couples in the Perspective of Balinese Customary Law (Comparison of Laws in the United States)." Jurnal Hukum Prasada 9, no. 2 (September 12, 2022): 80–85. http://dx.doi.org/10.22225/jhp.9.2.2022.80-85.
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In Balinese customary law, same-sex sexual intercourse is known as “salah krama”, or sexual intercourse with wrong partners and it is strictly prohibited in Hindu law. The reason is the situation will make the offenders become cuntaka, leteh or impure. The purpose of this study is to analyse and reveal the paradigm of same-sex marriage from the perspective of international law and customary sanctions against same-sex marriage couples in Bali. The type of research used in this study is normative legal research. Based on analysis, the results of this study revealed that the United States government’s policy paradigm regarding same-sex marriage can be seen from the United States Supreme Court Decision which issued a policy that completely changed the existence of the LGBT community in the United States. Furthermore, the concept of customary sanctions against same-sex marriage couples in Bali is made in the form of giving customary sanctions to those practicing LGBT that must be executed strictly. The customary sanctions that can be given take the form of arta danda, sangaskara danda, and jiwa danda.
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Sharma, Kanika. "The ‘Vulnerable’ Hindu Woman, Love-jihad, and the Indian Courts: The Hadiya Case - Commentary on Asokan K.M. v. State of Kerala (2017) 2 KLJ 974." Verfassung in Recht und Übersee 56, no. 1 (2023): 59–69. http://dx.doi.org/10.5771/0506-7286-2023-1-59.
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In Asokan K.M. v. State of Kerala (2017) at the behest of a disgruntled Hindu father whose daughter had converted to Islam and married a man of her choice, the Kerala High Court (HC) cast the daughter, Hadiya, as a ‘vulnerable’ woman before annulling her marriage. In this article, I place the infamous Hadiya case within a broader history of love-jihad – an ascendant Hindu nationalist conspiracy in India that asserts that Muslim men wish to convert Hindu women to Islam by feigning love and seducing them, thus posing a threat to all Hindu women, and by extension to the community and the nation itself. I then analyse the public perception and the media discourse around the trial, before turning to the Indian Supreme Court’s (SC) judgment in the case. I argue that by denouncing patriarchy and ostensibly finding in favour of Hadiya, the SC judges portrayed themselves as feminist allies, yet by allowing the National Investigation Agency to continue their ‘terror’ investigation against her husband, they not only insidiously undermined Hadiya’s decisions, but also revealed the shallowness of their feminist stance. In the last section, I appraise the rewritten feminist judgment offered by Urmila Pullat and Sandhya PR who situate themselves as the dissenting judges on the Kerala HC bench.
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Widia Asih, Dewa Ayu Putu, I. Gede AB Wiranata, Kasmawati ., Aprilianti ., and Dewi Septiana. "Effects of Mebyakaonan Marriage Law in the Perspective of Balinese Customary Law: Study on Balinese Community, Rantau Jaya Village, Ilir District, Putra Rumbia, Central Lampung Regency." International Journal of Advanced Multidisciplinary Research and Studies 4, no. 3 (May 9, 2024): 167–76. http://dx.doi.org/10.62225/2583049x.2024.4.3.2760.
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Marriage is the outward and inner bond between a man and a woman as husband and wife to continue their lineage. Marriage in Balinese customs is called pawiwahan. Pawiwahan is a sacred thing in the process of human life from the status of brahmacari to the time of grhasta. Mebyakaon marriage is marriage under the hand. The problem in this study is why mebyakaon marriage is taken by the parties to form a marriage and the legal consequences of mebyakaon marriage on their marital status in the community and the status of children born from this marriage in Rantau Jaya Ilir Village, Putra Rumbia District, Central Lampung Regency. This research is normative-empirical legal research with a descriptive research type. The problem approach used sociological juridical approach with data sources is primary data and secondary data. Data collection techniques with literature studies and field studies are interviews with informants and respondents who carry out marriage mebyakaon. Data analysis is qualitative analysis. The results of research and discussion show that the reason for the marriage is caused by several factors, namely economic factors, educational factors, mutual demen, parental desire factors, and the factor of men who are still legally married to other women. The marital status of mebyakaon is not the same as traditional Balinese marriage in general, what distinguishes it from mebyakaon marriage is that it lies in a traditional procession that has not been carried out completely. Based on the decisions and decrees of Parisadha Hindu Dharma Indonesia (PHDI), the validity of marriage is determined on condition that Tri Upasaksi. The legal position of mebyakaon marriage does not have a strong binding force so that this marriage may not have the same legal status as traditional Balinese married couples in general. Similarly, the legal consequences of marriage will be different. Couples who perform mebyakaon marriage may not enter the temple and participate in the massacre in the village because mebyakaon marriage is valid according to the parties only but, according to Balinese customary law this marriage is invalid and children born from mebyakaon marriage are extramarital children (anak astra) and marital property in mebyakaon marriage There is no legal certainty and there is no mixing of property between husband and wife.
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Bedi, Shruti. "Comparing Matrimonial Laws in India and Vietnam: Is a Uniform Civil Code Necessary?" Vietnamese Journal of Legal Sciences 7, no. 2 (December 1, 2022): 101–14. http://dx.doi.org/10.2478/vjls-2022-0010.
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Abstract India secured its independence from the British rule in 1947. Vietnam eliminated the presence of foreign military forces in 1975. Both countries have faced adversity through subjugation. The similarity does not end here. The family unit in both nations is given primary precedence and importance, as it is considered to be the nucleus of the society. However, while Vietnam regulates matrimony through the uniform code of Law on Marriage and Family, 2014, India does not have a uniform code. India is a secular country where different religions are practiced freely. Matrimonial laws in India are governed by the personal laws of the parties depending on their religion, codified under different statutes, viz. Hindu Marriage Act, 1955; Muslim law; Indian Christian Marriage Act, 1872; Parsi Marriage and Divorce Act, 1936; and Special Marriage Act, 1954. This paper will compare the status of matrimonial laws in India and Vietnam with an attempt to answer the question as to whether it is advisable to reconcile different personal laws under a uniform code for India.
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Abbasi, Muhammad Zubair. "Dead at Home, Alive Abroad." ISLAMIC STUDIES 61, no. 1 (March 31, 2022): 9–24. http://dx.doi.org/10.52541/isiri.v61i1.2269.
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The remedy of restitution of conjugal rights (RCR) has its roots in canon law. It was incorporated into Muslim, Hindu and Parsi personal laws through the judgements of the Judicial Committee of the Privy Council during the British colonial period. It has been abolished in the United Kingdom in 1970 when a Law Commission report found it ineffective in saving marriages. In South Asia, however, this remedy is still available despite constitutional challenges to it before superior courts. The Federal Shariat Court refused to declare this remedy invalid in its judgements reported in 2016. This is despite the fact that far from saving marriages, this remedy is routinely abused by husbands as a countermeasure in response to suits of maintenance, custody of children, recovery of dower and dowry, and dissolution of marriage. Devoid of any Islamic basis, the RCR remedy violates the right to liberty, privacy, and equality as guaranteed under the Constitution of the Islamic Republic of Pakistan 1973 and should be declared illegal and unconstitutional.
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Tarik, Atika Agustina, Thoat Stiawan, and Mohammad Ikhwanuddin. "NISTA MARRIAGE PRACTICES AT THE LOWEST MARRIAGE LEVEL URF PERSPECTIVE IN PEGAYAMAN SUKASADA VILLAGE, BULELENG, BALI." istinbath 23, no. 1 (June 3, 2024): 1–16. http://dx.doi.org/10.20414/ijhi.v23i1.708.
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The research method used in this research is qualitative research, a descriptive study type. The researcher uses qualitative research methods to obtain, study, and understand the phenomenon through in-depth data regarding the community's perspective on the practice of nista marriages in Pegayaman Village, Sukasada, Buleleng, Bali. This type of research uses descriptive research to explain and examine the phenomenon of nista marriages in Pegayaman Village from an 'Urf perspective. The researcher's data collection techniques are observation, documentation and interviews with informants from three categories, including other key informants from local community leaders, primary informants who are residents, and complementary informants who are migrants who live in the village and work in the village office. People in Bali use levels as identities according to their position, especially the Hindu population, which starts from the highest Brahmana, Ksatria, Waisya, and Sudra, the lowest caste. In contrast to the community in Pegayaman, where the majority of the population is Muslim, the level is implemented within the scope of marriage. Local traditions, empowerment, and community perceptions regarding nista marriages are the benchmarks for researchers analysing ancestral heritage from an Urf perspective. Binary opposition is used to explore the relationship between Islamic teachings and ancestral cultural heritage. The existence of 'Urf about Islamic teachings is the basis for the empirical facts of nista marriages in Pegayaman village. In studying the data obtained by researchers regarding slanderous marriages from the perspective of 'urf, it is limited to 'urf fasid, namely in nista marriages as the lowest level of marriage, which is contrary to the law and enriches the elements of family formation.
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Hazarika, Rupa. "Right To Property and Maintenance of Illegitimate Child Under Hindu Law." International Journal of Membrane Science and Technology 10, no. 5 (January 26, 2024): 684–89. http://dx.doi.org/10.15379/ijmst.v10i5.3439.
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The concept of property is evolving from the days of adopting the law relating to property of Hindu people. The laws relating to property undergoes many changes from time to time as to accommodate the changing need of the society. The major changes in the law of property held after the adoption of our Constitution. The Article 14 of the Constitution of India guarantees equality among men and women as a fundamental right. Following by Article 15 which allows special provisions can be made for women and child. Article 19 1(f) which said that right to property was a fundamental right, which later on amended and now property is a legal right under article 300A of the Constitution of India. Article 39(f) which is directive principle also concern about the safeguard of the child. The court observed that right to property is not only a constitutional right but also a human right1, and no person can be deprived of his property save and except by and in accordance with law. Due to Constitutional guarantees the legislature has brought Hindu Succession Act in 19562 and Hindu Marriage Act in 19553 along with three other Acts. Hindu Succession Act has amended and codified the law relating to intestate succession4. This Act has laid down a uniform and comprehensive system of inheritance of property. Moreover this Act gave rights to women to property which were unknown till then. The provision of this Act in relation to property is clear for legitimate child, but is silent for illegitimate child. The paper will focus on the right of illegitimate progeny to maintenance from their parents as well as right of inheritance to their parents self acquired as well as ancestral property in a Hindu family.
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Aisyah, Siti. "GENDER DIVISION OF LABOUR AND POLYGAMY." ALQALAM 26, no. 2 (August 31, 2009): 229. http://dx.doi.org/10.32678/alqalam.v26i2.1557.
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The Indonesian patriarchal culture and gender inequality is reflected in state policies, regulations and laws. As a pluralistic country comprising of different ethnic groups with specific cultures and traditions, Indonesia has four formal religions: Islam, Christianity, Hindu and Buddhism. Because of this, Indonesian law reflects cultural and religious diversity, including customary law or Adat law, the Marriage Law of 1974 as well as civil and criminal law. Two serious concerns of Marriage Law of 1974 are in relation to gender division of labour and polygamy which undermine Indonesian Muslim women. This paper discusses such an issue to allow women to get equaliry before the law and highlights its contribution to domestic violence.There are two contradictory stipulations with respect to the Marriage Law of 1974: equality in marriage and gender division of labour within marriage. On the one hand, Article 31 (1) and Article 3 3 clearly state that there is no difference between husband and wife with respect to their basic rights such as love; respect, or fidelity. On the other hand, both of these Articles are contradicted with other articles which differentiate between a husband's and wife's responsibilities. For example, Article 31 (3) and Article 34 stipulate a clear division between the roles of husbands and wives within marriage. This has become a reference point for Indonesian views in determining gender relations in marriage.Marriage Law of 1974 still which supports gender division of labour between wife and husband should be revised by providing a clear statement that these roles are conditional. This means that husbands can be domestic carers including taking care of children if they have no jobs, while wives can be finacial providers or the head of household if they are capable to do so. In this context, gender roles can be exchanged and are not strictly for a certain gender.
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Vatuk, Sylvia. "Women's Rights Issues Among Bombay Parsis: A Legal Anthropologist's Thoughts on Mitra Sharafi's Law and Identity in Colonial South Asia." Law & Social Inquiry 42, no. 04 (2017): 1215–23. http://dx.doi.org/10.1111/lsi.12321.
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I focus in this essay on legal issues related to women's rights in the British colonial period that are discussed in Mitra Sharafi's 2014 book, Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772–1947. Beginning in the early nineteenth century, the Parsi leadership actively lobbied for laws related to intestate inheritance, women's property rights, divorce, and child marriage that were consistent with their community's customary values and practices. During the same period, legal reform movements were also underway on behalf of Hindu and Muslim women and, to a lesser extent, Christian women. This essay highlights some of the common themes in those movements and discusses, in particular, the similarities and differences in what was achieved for Parsi women and their Hindu sisters, as they and their respective male leaders traversed the road toward greater gender equality under the law.
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I Kadek Grendy Bhineka, I. Nyoman Putu Budiartha, and Ni Made Puspautari Ujianti. "Pengaturan Hubungan Menyimpang di Luar Perkawinan bagi Lesbian Dan Gay dalam Perspektif Hukum Hindu." Jurnal Preferensi Hukum 2, no. 1 (March 19, 2021): 83–87. http://dx.doi.org/10.22225/jph.2.1.2799.83-87.
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Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Humans were created to pair men with women in order to continue the lineage, but there are a group of people who behave like the same sex and want to legalize their actions up to the level of marriage through the laws in force in their country. This of course cannot be accepted by some people who contradict same-sex marriage behavior which is commonly referred to as Lesbian, Gay, Bisexual and Transgender, hereinafter referred to as LGBT. This study aims to explain the arrangement of deviant relationships outside of marriage for LGBT people in the perspective of Hindu law. The second one describes the religious perspective in dealing with LGBT perpetrators. This research is designed to use normative legal research with a juridical approach through the hermenutic method. The data used are secondary and primary data which are analyzed qualitatively. The results show Hinduism, there is no single verse or ceremony which legalizes that gay and lesbi can have a marriage or relationship, meaning that it is not allowed to marry, especially with a sacred ceremony, Vedic mantra puja, the second one should not isolate or discriminate but provide education to treat Humanly, gay and lesbian perpetrators must provide protection or educate the perpetrator whether he is accommodated in a place and then given direction or counseling so that the perpetrator is aware of LGBT behavior.
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Hafid, Moh Bahropin, and Muhammad Taufik. "TINJAUAN HUKUM ISLAM TERHADAP WEWENANG IMAM MASJID SEBAGAI WALI MUHAKKAM DALAM PERNIKAHAN BAWAH TANGAN." Familia: Jurnal Hukum Keluarga 2, no. 1 (December 29, 2021): 1–34. http://dx.doi.org/10.24239/familia.v2i1.23.
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Promiscuity among teenagers is one of the causes of underhand marriages using muhakkam guardians because the perpetrators of promiscuity are ashamed or afraid to report the incident to their family and relatives. In addition, the incident of religious conversion from Hinduism or Christianity to Islam is a factor that often occurs in Tolai village, because basically guardianship of parents other than Islam is not legal according to Islamic law, this causes the marriage process to be represented by a muhakkam guardian. There was a marriage problem that occurred in Tolai Village related to guardianship, a mosque imam married a girl to her partner because the girl did not have a nasab guardian or mujbir guardian because she was a convert, seeing this incident the mosque imam took steps to marry off the two couples without a valid marriage registration according to the law as stated in law number 16 of 2019 concerning marriage in article 2 paragraph 2 which reads: every marriage is recorded according to the applicable laws and regulations.
Abstrak
Pergaulan bebas dikalangan remaja menjadi salah satu penyebab terjadinya pernikahan bawah tangan dengan menggunakan wali muhakkam karena para pelaku pergaulan bebas malu ataupun takut untuk melaporkan kejadian itu kepada keluarga dan saudara. Selain itu, peristiwa perpindahan agama dari agama Hindu atau Kristen keagama Islam adalah faktor yang sering terjadi di desa Tolai, karena pada dasarnya perwalian atas orangtua selain Agama Islam adalah tidak sah menurut Hukum Islam, hal ini menyebabkan proses pernikahan diwakilkan kepada wali muhakkam. Terdapat permasalahan Pernikahan yang terjadi di Desa Tolai terkait perwalian, seorang imam masjid menikahkan seorang gadis dengan pasanganya karena gadis tersebut tidak memiliki wali nasab atau wali mujbir karena mualaf, melihat kejadian ini imam masjid mengambil langkah untuk menikahkan kedua pasangan tersebut tanpa adanya pencatatan perkawinan yang sah menurut undang-undang sebagaimana tertera dalam undang-undang nomor 16 tahun 2019 tentang perkawinan pada pasal 2 ayat 2 yang berbunyi: tiap-tiap perkawinan di catat menurut peraturan perundang-undangan yang berlaku.
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Halder, Debarati, and K. Jaishankar. "Property Rights of Hindu Women: A Feminist Review of Succession Laws of Ancient, Medieval, and Modern India." Journal of Law and Religion 24, no. 2 (2008): 663–87. http://dx.doi.org/10.1017/s0748081400001740.
Full textAbstract:
Hindu women's legal right to inherit property has been restricted from the earliest times in Indian culture. In the ancient text Manusmriti, Manu writes: “Her father protects her in childhood, her husband protects her in youth and her sons protect her in old age; a woman is never fit for independence.” However, women were not always excluded from inheriting movable or immovable property from ancestral and marital families. But their proportion of share in the property was far less than that of their male counterparts.Throughout history, restrictions on Hindu women's property rights have undergone change, and current laws governing these rights are more liberal than those of ancient Hindu society. Patriarchal Hindu society provided women with property known as stridhan (literally, women's property or fortune), and it mainly came from marriage gifts (clothes, jewelry, and in some rare cases, landed properties). However, women were denied property rights to the ancestral or marital landed property, and their right over succession of the landed family property was limited. With the emergence of different schools of Hindu law, the concept of stridhan started expanding its literal and legal meaning, granting women more rights to certain forms of property. Later, the nineteenth and twentieth centuries witnessed the passage of several pieces of legislation that were intended to remove more of the barriers to full and equal property rights for Hindu women. Most recently, sexual discrimination in Hindu succession rules was mostly discontinued by the recent Hindu Succession (Amendment) Act (2005).
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Budhathoki, Mahendra Kumar. "Exploring the Subject of Hindu Widowhood in Koirala and Shah’s Short Stories." JODEM: Journal of Language and Literature 13, no. 1 (August 25, 2022): 68–79. http://dx.doi.org/10.3126/jodem.v13i1.47464.
Full textAbstract:
Nepali Hindu widows have been discriminated in social, cultural and religious activities that have affected the psyche of the widows. People debilitate widows and consider them vulnerable and insecure. The research paper has explored the portrayal of Nepali Hindu widows’ conditions in B. P. Koirala’s “To the Lowlands” and Prem Shah’s “A Husband” from the viewpoint of new criticism. The conflicts, tensions, symbols and meanings of the lives of the Hindu widows portrayed in the selected texts are analysed from a new critic’s perspective. The study has exploited exploratory qualitative method. Koirala has portrayed a Hindu widow who left the house because of abuses by her brother-in-law and tortured by in-laws. She moved to the plain (tarai) with four men including Gore for happy life. But Gore stole the widow’s gold and money despite her marriage proposal. Shah portrayed a widow Nirmala who was teased and abused by a driver and her sister’s probable husband. She wants to make up her face, but she was frightened with her elder brother, sister and mother because of restrictions imposed upon Hindu widows. Koirala and Shah have depicted miserable widowhood in the Nepali Hindu society. Although sati tradition has been abolished and remarriage of widows are encouraged in the present time, widows are psychologically shattered because of Hindu socio-cultural viewpoints on them, and Hindu widows still sacrifice their lives through psychological sati in Nepali society. The analysis of widowhood in the stories contributes to understanding the condition of widows in Hindu society.
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Setyawati, Ni Kadek. "KEDUDUKAN PEREMPUAN HINDU MENURUT HUKUM WARIS ADAT BALI DALAM PERSPEKTIF KESETARAAN GENDER." Jurnal Penelitian Agama Hindu 1, no. 2 (October 6, 2017): 618. http://dx.doi.org/10.25078/jpah.v1i2.310.
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<p><em>The Balinese adhere to the patrilineal system, so that inherited inheritance is a boy who has grown and married, while the daughter is not an heir. The consequences of this system greatly affect the position of women in terms of inheritance. The decision of Bali Province MUDP Number 01/Kep/Psm-3/ MDP Bali/X/2010 is a progress towards the position of women as heirs.</em></p><p><em>This study aims to answer two issues: (1) how the development of inheritance rights of Hindu women in Bali customary law and (2) how the status of Hindu women according to Balinese customary law in the perspective of gender equality.</em></p><p><em>Theories used to analyze problems are the gender theory of Anne Oakley, feminism theory of Charles Fourier, and the theory of justice from Aristotle. The research method used normative research by examining a number of rules about customary law relating to the inheritance of Hindu women who have not fully gained equal status with men as stipulated in the teachings of Hinduism.</em></p><p><em>The results obtained in the period before 1900 the life of Hindu society Bali applies the absolute purusa system which only recognizes heirs is a boy, but after 1900 there has been a development with some jurisprudence and there is a decision of Majelis Utama Desa Pakraman (MUDP) which states that women have the right to inherit, even though they are only entitled to enjoy the treasure Rich parents and after marriage get a tetatadan property and for parents who are able to give the treasure for the sake of maintaining the sustainability of his life, so with the rules at least happen gender equality.</em></p><p><em>The still strong patrilineal culture prevailing in indigenous Balinese society makes the position of women not fully acknowledged, even in the case of female decision making is not taken into account. The obligations of Hindu women in family, marriage and society are not much different from men's obligation, this should be a consideration to give women the opportunity to have equal status with men, especially in the customary law of Bali.</em><em></em></p>
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I Nengah Suastika. "PERKAWINAN PADA GELAHAN (STUDI LEGITIMASI FOLOSOFIS, SOSIOLOGIS DAN YURIDIS PRAKTEK PERKAWINAN PADA GELAHANG PADA MASYARAKAT HINDU BALI)." Jurnal Komunikasi Hukum (JKH) 8, no. 2 (August 2, 2022): 270–81. http://dx.doi.org/10.23887/jkh.v8i2.50595.
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This study aims to examine the philosophical, sociological and juridical foundations as well as the conditions for marriage in gelahang according to Balinese Hindu customary law. This research uses a qualitative type of research. Data collection techniques through interviews, observations, and documentation studies. Data analysis uses qualitative data analysis which begins with data accumulation, data reduction, data presentation and data retrieval. Philosophically, marriage in gelahang is formulated as a belief in the ceritra of the Jaratkaru contained in the Upanisads which states that the deceased person, his spirit will be tormented and cannot be reincarnated if he does not have children. Sociologically the family passed on its descendants by other families has a piscological skates that are difficult to decipher in order to establish harmony. Juridically the legal basis of marriage in gelahang is sloka in Manawa Dharmasastra IX. 118 which declares to the sisters, the brethren shall give some part of their share, each a quarter of its share; those who refuse to give it will be locked. The main conditions of the marriage process in gelahang are not saying goodbye (saying goodbye to ancestors) in the woman's merajan and the existence of a prenuptial agreement. The main conditions of the marriage process in gelahang are not saying goodbye (saying goodbye to ancestors) in the woman's merajan and the existence of a prenuptial agreement. The material for the prenuptial agreement on marriage in gelahang, namely: (1) regarding the answer to the parents, (2) regarding the child, (3) regarding the tangungjawab in the traditional village, (4) regarding the place of burial after death, and (5) regarding the inheritance property.
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Ojha, Niranjan. "Halala: An Exceptional Marriage Practice in Islam." Journal of Development Review 6, no. 01 (January 30, 2021): 40–47. http://dx.doi.org/10.3126/jdr.v6i01.66921.
Full textAbstract:
The study of a religious minority like Muslims keeps greater importance in the country like Nepal where the majority population is Hindu. Marriage, divorce are the common phenomenon of the society. Remarriage after divorce is also common in Nepali society but remarriage with same bride after divorce in Muslim community is exceptional and the process is very curious to Nepali society. This paper tries to discuss the exceptional marriage practice in Islam i.e. Halala marriage. Marriage is a contract between bride and groom for the purposes of the legislation of intercourse, procreation of children and the social contract between husband and wife. Muslims practices marriage ritual according to the Muhammadan law. According to Holy Quran, if a husband divorces his wife, he is not allowed to remarry her until she has married to another husband and he has divorced her. Halala marriage is a practice in the Muslim community which allows a man to re-marry his wife after Triple-Talaq. Halala has been severely criticized as it harms the dignity of a woman by forcing her into a compromised sexual relationship. This research attempts to deal with the overall scenario of Nikah Halala.
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Ardhana, I. Ketut, and Ni Wayan Radita Novi Puspitasari. "Adat Law, Ethics, and Human Rights in Modern Indonesia." Religions 14, no. 4 (March 24, 2023): 443. http://dx.doi.org/10.3390/rel14040443.
Full textAbstract:
The fact that legal issues support local wisdom, ethics, and human rights and the way in which they operate in the nation-state are not well-understood; however, this is a significant issue. Indonesian independence, achieved on 17 August 1945, initiated substantial changes in the religious life of Indonesians. While most of Indonesia is Islamic, other religious beliefs include Hinduism and Christianity. Indonesia did not consider the Balinese a formal religious group in 1945. However, because of the Mount Agung eruption in Bali, many Balinese migrated outside the island. They lived in Lampung (Sumatra), certain places in Java, Palangkaraya (Borneo), Palu (Celebes), and other areas in the Indonesian archipelago, and have lived there for a long time. The total number of Balinese at the present day is around three million, but outside Bali, their number is 10 million. Their number increased throughout the Old Regime, the New Order, and the Reformation periods until the present time. They face many significant problems regarding the marriage and divorce laws juxtaposed with national law, as is the case with other religious communities, such as the Islamic community in Indonesia. Several important questions need to be addressed in this paper. First, what is adat law, or customary law, in Bali and outside Bali regarding the concept of Hindu Nusantara? Second, how should customary law be implemented, for example, relating to marriage and divorce issues in the building of the nation-state? Third, what is the customary law relating to the present situation of the Hindu communities in Indonesia? These are some significant questions. By using interdisciplinary approaches to customary laws, religious history, anthropology, and sociology, we expect to have a better understanding of how the Balinese customary law can become part of the formal law in modern Indonesia. By understanding these issues, it will be possible to strengthen national regulations by adopting certain values of customary law in modern Indonesia.
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Nath, Nabajit. "The Uniform Civil Code (UCC) in ASSAM: Debates, Impact and Possible steps." International Journal for Research in Applied Science and Engineering Technology 12, no. 3 (March 31, 2024): 3252–56. http://dx.doi.org/10.22214/ijraset.2024.59635.
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Abstract: Article 44 of the Constitution says, "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." Assam is the third state, following Uttarakhand and Gujarat, all ruled by the Hindu nationalist BJP, to move toward a unified civil law for all religious groups, however the tribal communities, comprising 12.45 percent of the state’s population, will be exempted from the code. As per the government UCC will deal with four points — preventing underage marriage, banning polygamy, inheritance laws and registration of live-in relationships. It will not deal with traditional rituals or practices,” Even if the communities governed under the sixth schedule areas will be exempted, it will affect the other communities practising their customary rights. Based on the enumeration of the 2011 census, Assam has a population of 61.47 per cent Hindus, 34.22 per cent Muslims and 3.7 per cent Christians.
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Imeldatur Rohmah, Elva. "Problematika Poligami dalam Lintas Sejarah dan Agama." Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam 25, no. 1 (June 21, 2022): 83–97. http://dx.doi.org/10.15642/alqanun.2022.25.1.83-97.
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This paper aims to determine the phenomenon and problems of polygamy throughout history and the views of several religions on polygamy. This article was written using a descriptive-analytical method. The result is that almost all nations in the world, from time immemorial, have been familiar with polygamy. For example, since time immemorial, polygamy has been known by Hindus, Israelis, Persians, Roman Arabs, Babylonians, Tunisians, and others. Polygamy also extends to the Hebrews and Sicilians, who later gave birth to most of the Russians, Lithuanians, Poles, Czechoslovakia, and Yugoslavia, as well as part of the population of Germany, Switzerland, the Netherlands, Denmark, Sweden, Norway, and England. Polygamy exists in every human civilization. Islam, Christianity, Hinduism, Buddhism, and Judaism do allow polygamy, although, in essence, the principle of marriage taught in these religions is monogamy. Meanwhile, modern Church Law forbids its followers from polygamy. The Qobty Orthodox Church, the Roman Orthodox Church, and the Syriac Orthodox Church do not allow a husband or wife to have a second marriage as long as the first marriage is still ongoing or has not been cancelled. So, a marriage that is recognized as legal is the marriage of a man to a woman, and polygamy is not allowed. Abstrak: Tulisan ini bertujuan untuk mengetahui fenomena dan problematikan poligami sepanjang sejarah dan pandangan beberapa agama tentang poligami. Artikel ini ditulis dengan menggunakan metode deskriptif analitis. Hasilnya adalah hampir seluruh bangsa di dunia, sejak zaman dahulu kala tidak asing dengan poligami. Misalnya, sejak dahulu kala poligami telah dikenal oleh orang-orang Hindu, bangsa Israel, Persia, Arab Romawi, Babilonia, Tunisia, dan lain-lain. Poligami juga meluas pada bangsa Ibrani dan Sicilia yang kemudian melahirkan sebagian besar bangsa Rusia, Lithuania, Polandia, Cekoslowakia, dan Yugoslavia, serta sebagian penduduk Jerman, Swiss, Belanda, Denmark, Swedia, Norwegia, dan Inggris. Poligami ada dalam setiap peradaban manusia. Dalam agama Islam, Nasrani, Hindu, Budha, maupun Yahudi memang memperbolehkan adanya poligami, meskipun pada hakikatnya asas pernikahan yang diajarkan dalam agama-agama tersebut adalah monogami. Sedangkan Undang-undang Gereja modern mengharamkan pengikutnya berpoligami. Gereja Qobty Ortodoks, Gereja Roma Ortodoks, dan Gereja Suryani Ortodoks tidak membolehkan seorang suami atau istri melakukan pernikahan kedua, selama pernikahan pertama masih berlangsung atau belum dibatalkan. Jadi, pernikahan yang diakui sah adalah pernikahan seorang laki-laki dengan seorang perempuan, dan poligami tidak diperbolehkan.
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Yuliana Kemalasari, Ni Putu. "PERTIMBANGAN HAKIM DALAM MENENTUKAN HAK ASUH ANAK AKIBAT PERCERAIAN AGAMA HINDU DI BALI." Jurnal Aktual Justice 4, no. 2 (December 14, 2019): 156–76. http://dx.doi.org/10.47329/aktualjustice.v4i2.546.
Full textAbstract:
The prominent legal issues in balinese law can be classified in two problems, inheritance and purusa ( descendant ), purusa is an inherent status (comonly for male) after marriage. If there is later a divorce, the judge must consider the decision in applying the law that was enforced in deciding the divorce case.
Referring to Balinese customary law, when there is a divorce, the child's custody will fall on the purusa / father because the child will become a descendant of the father's family, whereas in the Decision of the Supreme Court of the Republic of Indonesia number: 126K / Pdt. / 2001 dated August 28, 2003 states that "If the father and mother divorce, then the care of the underage child is left to the closest and familiar person to the child, namely the mother". Therefore, the basis for weighing judges in determining custody of children in Hindu religious divorce in Balinese customary law is to combine two legal mechanisms between customary law and national law, where from the aspect of Balinese customary law which adheres to the purusa system, the right is on the purusa party but because the child is still underage, the child is under the mother's care until the child become an adult, and mother can not prevent the child to exercising rights and obligations in the father's family as purusa.
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Juliansyahzen, Muhammad Iqbal. "DIALEKTIKA HUKUM ISLAM DAN HUKUM ADAT PADA PERKAWINAN LELARIAN DI LAMPUNG TIMUR." Al-Ahwal: Jurnal Hukum Keluarga Islam 12, no. 1 (July 24, 2020): 1. http://dx.doi.org/10.14421/ahwal.2019.12101.
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This article discusses about Islamic law and Adat encounter in lelarian marriage practiced in East Lampung. Based on empirical research, it has been discovered that Islam becomes the core value of Eastern Lampung culture. Islam, however, does not not erase all of the customs that has lived long in society. The results of this study show that lelarian marriage shows the interaction between Islamic law and custom are harmonious and complementary implemented among the member of society in East Lampung.Studi tentang relasi hukum Islam dan hukum adat dalam perkawinan adat lelarian di Lampung Timur Adat istiadat yang hidup di suatu masyarakat lahir melalui proses dialog panjang antara adat dan agama. Hal ini pulalah yang terjadi di Lampung Timur. Sebelum Islam, agama Hindu merupakan agama yang mendominasi hampir di seluruh aspek kehidupan masyarakat. Hadirnya Islam menjadikan aturan yang berasal darinya sebagai aturan yang diakui keberlakuannya dalam masyarakat selain hukum adat. Meskipun demikian, Islam tidak menghapus tradisi yang telah hidup lama di tengah masyarakat secara keseluruhan. Disinilah, terjadi interaksi antara Islam dan adat khususnya dalam perkawinan adat lelarian.