Research Article
Customary Law Aspect on the Role of Religious Judge in the Case of Divorce
@INPROCEEDINGS{10.4108/eai.22-10-2019.2291462, author={Nur Mohamad Kasim}, title={Customary Law Aspect on the Role of Religious Judge in the Case of Divorce}, proceedings={Proceedings of the 1st International Conference on Environmental Science and Sustainable Development, ICESSD 2019, 22-23 October 2019, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICESSD}, year={2020}, month={3}, keywords={customary law aspect divorce religious judge}, doi={10.4108/eai.22-10-2019.2291462} }- Nur Mohamad Kasim
Year: 2020
Customary Law Aspect on the Role of Religious Judge in the Case of Divorce
ICESSD
EAI
DOI: 10.4108/eai.22-10-2019.2291462
Abstract
Background. Marriage is a formal tie between man and wife to establish a family. It is founded based on state and religious laws, thus it may cause legal events, such as divorce. This study aims at studying the role of a judge in inspecting the divorce case through the aspect of customary law in Gorontalo. Methods. The researcher uses a descriptive method of analysis with a sociolinguistic and legal anthropological approach to see the influence of grammar and development of Gorontalonese culture in utilizing religious judge to solve the divorce case. Results and discussion. This study shows that the judge can utilize cultural approach in the context of customary law to investigate divorce case, through either sociolinguistic interaction or interpersonal emotional ways. Both cultural approaches enable stakeholders to discuss household problems; thus, it made possible for involved parties to change their minds based on their interpersonal interaction with the judge.