Marriage and Divorce: How the Two Manifest within the Banjarise Community in Indonesia

Masyithah Umar
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Masyithah Umar: Department of Fiqhi, Fakultas Syariah, Universitas Islam Negeri Antasari Banjarmasin, Indonesia

The Journal of Social Sciences Research, 2020, vol. 6, issue 3, 245-251

Abstract: Currently, divorce rate in most big cities of Indonesia display an alarming trajectory that warrants close examination of the factors leading to it. With Islamic religious courts presiding over most of the divorce cases, which account for the largest portion of all legal cases in the country, this study examines the causal factors of divorce particularly in Bajarmasin city in South Kalimantan province. The study uses a qualitative research method. Data was collected through interviews, observations, and documentation study techniques. Findings indicate that there is little and sometimes no public awareness and understanding of the legal procedure of settling marriage deputes as many skip other available services like the Marriage and Divorce Advisory Board and directly seek divorce rulings from religious courts. It has also been established that domestic violence, secret marriages (Siri), early marriages and infidelity among other factors, are the main causes of the divorce. It has been established most of the couples seeking divorce ignore or are either ignorant about the roles and existence of the Marriage and Divorce Advisory Board which is formality tasked with the role counseling marriages couples with varying disputes and grievances. It is concluded that public awareness of proper channels and procedures of settling marriage disputes, women empowerment, increasing and promoting girl child education, strengthening family incomes, legal counseling on marriage law and a brief orientation on the dangers / impacts of secretary and early marriages could in the long-run curb the rampant divorce rates in the country and of course in Banjarmasin.

Keywords: Domestic violence; Divorce; Legal services; Marriage; Society; Secrety and early marriages. (search for similar items in EconPapers)
Date: 2020
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