Disputing marriage payments in Indonesia : a comparative study of Aceh and South Sulawesi

Marriage payments in Middle Eastern and South Asian Muslim communities are often in the form of a contingent payment or yearly installments, or only given to the wife upon demand or divorce (Moors, 1994, 1995; Pearl & Menski, 1998). In contrast, marriage payments in many Indonesian Muslim circles are usually paid in full at the time of marriage. While disputes over marriage gifts in other Muslim countries are frequently related to and result in divorce, this kind of dispute is not common in Indonesia’s religious courts. In various parts of Indonesia, such disputes may be part of divorce proceedings, but do not constitute an independent cause or key grounds for applying for divorce. This chapter examines marriage payment disputes in two largely Muslim Indonesian provinces, Aceh and South Sulawesi, through comparative analysis of the practice and meaning of marriage payments. The nature of these marriage payment disputes, the legal processes and settlements in the religious courts, and the contribution of village elders deserve in-depth investigation and discussion. Most importantly, this chapter investigates why and how disputes arise over marriage payments in Indonesia. I analyze the notion of marriage payments and their varied forms, the multiple ways that different local actors understand them in relation to Islamic precepts and laws, and how marriage payment disputes are settled. Finally, I compare case studies in Aceh and South Sulawesi, and conclude that the courts in both regions consider evidence presented by the disputing parties and that court decisions do not appear to necessarily (dis)advantage one gender over the other.