Revealing the Enforcement of Mbasuh Dusun Tradition for Pregnant Women Outside of Marriage in Indonesia

Bibliographic Data

ID22353124
AuthorsEfrinaldi Efrinaldi (Universitas Islam Negeri Imam Bonjol Padang), Jayusman Jayusman (0000-0003-1193-0345, Universitas Islam Negeri Raden Intan Lampung), Fatimah Fatimah (0009-0004-4485-3109, Fatmawati Hospital), Rimanto Rimanto (Universitas Muhammadiyah Lampung), Miti Yarmunida (0000-0003-3601-9937, Fatmawati Hospital)
Year2023
Volume8
Issue2 November
Pages617
Publication date2023-11-28
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueAl-Istinbath: Jurnal Hukum Islam (JOURNAL)
Journal identifiersISSN: 2548-3374 • E-ISSN: 2548-3382
PublisherIAIN Curup (PUBLISHER)
DOI10.29240/jhi.v8i2.8437
OpenAlexW4390621057
LanguageEN
References cited13

This research aims to reveal the enforcement of the mbasuh dusun tradition in cases of pregnancy outside marriage in Bengkulu City, Indonesia. This type of research is field research. The nature of this research is descriptive analytic. Data collection techniques in this study used observation, interviews, and documentation. The data obtained was analyzed using descriptive qualitative methods to obtain conclusions and research findings. The result of this study is that: the implementation of the mbasuh dusun tradition is a customary sanction for pregnant women outside of marriage in Bengkulu City, as al-'urf al-shahih and has an effective impact. This mbasuh dusun tradition is carried out by slaughtering a goat, and the perpetrator must be present to be aware and must apologize. Then give charity (and ask for prayers) at the place where the goat was slaughtered or outside the house. Unlike customary sanctions in other regions, the implementation of the mbasuh dusun tradition has a goal and purpose, so that the perpetrator is ashamed and does not repeat the act again, so that it can effectively reduce and even deter the perpetrator. The application of this customary sanction in the context of developing marriage law in Indonesia, it is necessary to review the legalization of marriage of pregnant women outside of marriage in the Compilation of Islamic Law (KHI), and it turns out that the provision of sanctions for pregnant women outside of marriage has a significant impact on creating a deterrent effect and bringing benefits to the community

Criminology · Descriptive research · Documentation · Enforcement · Field research · Geography · Islam · Law enforcement · Legalization · Political science · Qualitative research · Sanctions · Social science · Sociology · Gender and Women's Rights · Law · Legal Studies and Policies · Marriage and Family Dynamics

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