The Quest of Society and Marriage as Local and Global Context, the Syariah in Indonesia

Abstract

The implementation of sharia in business and economy makes great progress, however, in society, there are many doubts, such as in marriages. Globalization and the internet have produced a disruptive context where past habits and knowledge changed dramatically. This article shows the disruptive context, by using critics of society as a concept and use women and marriage as a case. The arguments are marriage is a local context, as well as global, the mobility of people, have made marriage accessible from people of different religions, and nationalities, however, the registering is problematic. The research uses ‘controversial’ marriage in terms of religiosity, on sirri marriage, its bat (registered marriage), contracted marriage, and marriage between people with different religions. All of these cases are ’controversial due to ineligibility to register that should be based on one religion and cases of people who resist the registering. This qualitative research finds out that marriage is a long-lasting debate and discourses that continues until now, the government has made that registering the marriage is an obligation after the marriage process in front of the religion. Marriage has changed from societal norms, a specific ritual with many symbols, to civil rights and duties. Only people with such a legitimate marriage process can claims protection under the law. Those who support polygamy, child marriage and sirri, use religious arguments, neglecting women's and children's interests. The result shows women as unprotected citizens due to polygamy, child marriage, and marriage between people with different religions. This is an agenda for the discourse of Sharia in the state and societal level that should be able to produce justice and belongings, to all citizens.