Protection of Women's Rights in the Practice of Referencing Outside the Office of Religious Affairs: A Case Study in Tatengger Village

Abstract

The practice of referencing outside the Office of Religious Affairs (KUA) is still found in communities that maintain customary mechanisms, although the Compilation of Islamic Law (KHI) regulates the recording of referencies as part of the certainty of marriage law. Empirical studies of the practice and its implications for the protection of women's rights are still limited. This study aims to analyze the practice of referencing outside KUA in Tatengger Village, the factors behind it, and its implications for the protection of women's rights in the perspective of maslahah and legal pluralism. The research uses a qualitative approach with a case study design. Data were obtained through in-depth interviews with three informants, observations, and document studies, then analyzed using the Miles, Huberman, and Saldaña models. The results of the study show that the referral is carried out through the help of traditional and religious leaders without registration in the KUA because the iddah period has ended. This practice is influenced by divorce outside the Religious Court, low legal awareness, cost and time considerations, and limited access to KUA. This condition causes women's position to tend to be passive in decision-making and increases vulnerability to the certainty of rights, especially alimony, housing, and economic rights. The study concluded that referrals outside the KUA are not only administrative issues, but also related to the protection of women's rights and the relationship between state law, Islamic law, and customary law. These findings reinforce the importance of harmonizing the three legal systems to realize legal certainty and protection in the practice of referencing.