Post-Divorce Polygamy in Tana Toraja: The Intersection of Islamic Law and Local Culture

The enforcement of women's rights concerning the restriction of polygamy during the iddah period following divorce is a significant problem in Islamic family law, especially within minority Muslim groups such as Tana Toraja. This paper examines a particular research gap: the inadequate comprehension of how local cultural practices affect the application of Islamic family law in minority settings. This study utilizes a legal methodology, integrating interviews with stakeholders from the local Religious Affairs Office and conducting document analysis of legal rulings, policies, and pertinent literature. The findings identify certain impediments, such as the impact of local cultural norms that frequently contradict Islamic legal principles and a lack of legal understanding within the community. The study proposes two principal recommendations to tackle these challenges: (1) improving legal education customized for the cultural context of minority Muslim communities, and (2) fortifying oversight mechanisms and law enforcement procedures via collaboration among local authorities, religious leaders, and community organizations.

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Publication Details

Journal
Jurnal Ilmiah Al-Syir ah
Published
2024-12-30
DOI
https://doi.org/10.30984/jis.v22i2.3156
Primary Topic
Marriage and Sexual Relationships
Type
article
Field-Weighted Citation Impact
0.00
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article

Post-Divorce Polygamy in Tana Toraja: The Intersection of Islamic Law and Local Culture

Zaini Nasohah, Rukiah Rukiah, Saidah Saidah, Sunuwati Sunuwati
Jurnal Ilmiah Al-Syir ah
Marriage and Sexual Relationships
article

Post-Divorce Polygamy in Tana Toraja: The Intersection of Islamic Law and Local Culture

Zaini Nasohah, Rukiah Rukiah, Saidah Saidah, Sunuwati Sunuwati
article en

Abstract

The enforcement of women's rights concerning the restriction of polygamy during the iddah period following divorce is a significant problem in Islamic family law, especially within minority Muslim groups such as Tana Toraja. This paper examines a particular research gap: the inadequate comprehension of how local cultural practices affect the application of Islamic family law in minority settings. This study utilizes a legal methodology, integrating interviews with stakeholders from the local Religious Affairs Office and conducting document analysis of legal rulings, policies, and pertinent literature. The findings identify certain impediments, such as the impact of local cultural norms that frequently contradict Islamic legal principles and a lack of legal understanding within the community. The study proposes two principal recommendations to tackle these challenges: (1) improving legal education customized for the cultural context of minority Muslim communities, and (2) fortifying oversight mechanisms and law enforcement procedures via collaboration among local authorities, religious leaders, and community organizations.

Jurnal Ilmiah Al-Syir ahVol. 22(2)
Institut Agama Islam Negeri Bengkulu (ID), Institut Agama Islam Negeri Parepare, National University of Malaysia (MY)
Openalex Percentile: Top 57%
Marriage and Sexual Relationships
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