MARRIAGE FOR COVERING DISGRACE: The Practice of Kawi' Pura Tradition in the East Kolaka Muslim Society

Abstract

According to the Indonesian Compilation of Islamic Law (KHI), unmarried pregnant women may only be married to the men who impregnated them. However, this rule is frequently disregarded by the Kolaka Muslim society. They typically opt for kawi' pura tradition to tackle the case, which is to marry the pregnant woman to another man. This marriage is followed by a contract stipulating an immediate divorce. Its purpose is to conceal shame or disgrace. This article seeks to investigate the rationale behind the practice of kawi' pura. Data were collected through observation and interviews and then analyzed qualitatively. This article finds that the implementation of the tradition is driven by four factors: the pressure to cover up family disgrace, adherence to ancestral traditions, lack of awareness of marriage law, and low levels of public education. Normatively, this practice is not justified by Islamic law. In state law, this practice is not clearly regulated or prohibited; however, it contradicts the principle of the Marriage Law either according to the Compilation or Islamic marriage law in general.