scholarly journals REINTERPRETASI HAK-HAK EKONOMI PEREMPUAN DALAM ISLAM

2014 ◽  
Vol 17 (1) ◽  
Author(s):  
Nur Hidayah

Reinterpretation of Women’s Economic Rights in Islam. Islam prescribes equal rights for men and women, including economic rights. However, patriarchal interpretations of Alquran and Suna texts have contributed to a gender gap in which Muslimah women face difficulties in accessing their economic rights. Patriarchal structures that prescribe role divisions in society marginalise women from economic participation and property ownership. Contemporary Muslimah women also face similar problems of gender gap in economy. Therefore progressive Muslims offer reinterpretation of texts regarding women’s rights, including economic rights, using women’s perspectives. Such reinterpretation is also complemented with strategies of women’s economic empowerment to assist them to access their economic rights, particularly their rights of economic participation and access to paid employment.DOI: 10.15408/ajis.v14i1.1245

Author(s):  
Katherine M. Marino

This chapter examines how, during the Second World War, Latin American feminists continued to push broad meanings of international women’s rights and human rights in spite of little support from their U.S. counterparts. The women from the U.S. Women’s and Children’s Bureaus who replaced Doris Stevens in the Inter-American Commission of Women avoided promoting women’s “equal rights” because of the fraught Equal Rights Amendment debate in the U.S. Latin American feminists effectively pushed these U.S. counterparts on a number of issues, including toward advocacy for maternity legislation, which Latin American feminists asserted as a human right. The Atlantic Charter and Franklin D. Roosevelt’s Four Freedoms, which underscored social and economic rights, inspired Latin American feminists’ broad calls for human rights. Their framings included women’s rights, and greater economic security and multilateral relations in the Americas. These demands came together at the 1945 Chapultepec conference where a number of Latin American feminists in the Inter-American Commission of Women also paved the way for Latin American countries to appoint women to their delegations going to the conference that would create the United Nations.


2019 ◽  
Vol 4 (2) ◽  
pp. 69-77
Author(s):  
Omid Afghan

Considering the logic of evolution of societies, the calamitous situation of women can be both changed and controlled. With the emergence of Islam, issue of women was more deeply raised in religious and intellectual discussions. At a time when having a daughter considered a shame on Arab families, a religion emerged after which assigned key social, political and even economic rights for women. Holy Quran says there is no superiority of nations over nations, races over races and men over women unless by divine piety and good action. One of the emphatic rules of Islam is that acquiring knowledge is an obligatory act for both men and women.  On the issue of education secondary data shows that most people believe Islam and Shari'a not only emphasize that girls and women should acquire Islamic education (98%), but they allow women and girls to study all levels of formal educational system. Unfortunately said, in Afghanistan, more women are scarified by men’s decisions.


2018 ◽  
Vol 2 (1) ◽  
pp. 97
Author(s):  
Hanna Christine Ndun ◽  
Sarah Suttor ◽  
I Gusti Agung Ayu Dike Widhiyaastuti

There is a stereotype with regard to the rights of the Balinese women on inheriting under the Balinese tradi-tional customary law. It is generally assumed that the law discriminates Balinese women as well as against the human rights principle of equality. This article analyzes the contemporary problems of such issue and would demonstrate the actual principles, rules and practices, including the essential concept of the rights under the Balinese traditional customary law of inheritance. This issue has been explored under a normative legal approach where the resources are primarily taken from the relevant national legal instruments and court decisions, instead of textbooks and journals. An interview has also been commenced for clarifying some aspects of the issue. This article concludes that there has been a generally misleading on viewing the Balinese customary law as discriminating women on an inheritance issue, as in fact, the law also provides rules for supporting women’s rights for inheriting. The law in a certain way has properly preserved the right of women for inheriting in which women under the law have also enjoyed rights for inheriting, especially the daughter and widow. In contrast, the Balinese men that are generally perceived as the ultimate gender enjoying privileges rights to inherit, in the practice of inheritance in the traditional community are also subject to some discrimination. The law has provided a set of rule of inheritance both for men and women where they are subject to certain equal rule and condition. The law also clarifies that both genders are enjoying equal rights on inheritance in a certain portion and situation binding under the principle of balancing between rights and obligation for each side.


2020 ◽  
Vol 74 (1) ◽  
pp. 35-65
Author(s):  
Elisabeth Nössing

AbstractThis article discusses the new divorce on grounds of discord procedure (taṭlīq li-š-šiqāq) within the context of the Moroccan family law reform of 2004. Literature available in English and French has, so far, focused primarily on the improvements the Moroccan family law reform has brought in regard to women’s rights. The reform is considered one of the most progressive legislative projects in the MENA region and a milestone for gender equality, notably the reform of divorce law. Divorce on grounds of discord was seen as the long-awaited divorce guarantee for women. However, legal scholars maintained that case law jeopardised the divorce guarantee. This legal-anthropological study is informed by fieldwork at the family court in Rabat, as well as official statistics, case law and the standard legal commentary. It aims to scrutinise how divorce on grounds of divorce is put into practice by the judiciary, how Moroccan men and women make use of it and how changes on a procedural and institutional level affect the implementation of the new divorce procedure. My empirical findings show that divorce on grounds of discord effectively guarantees Moroccan women’s right to divorce. Well beyond the discussion on women’s rights in divorce, I will demonstrate that, within a decade, divorce on grounds of discord developed into a standard divorce procedure for both men and women across socio-economical milieus and age groups.


Author(s):  
Julie Miller

This book shows how a woman's desperate attempt at murder came to momentarily embody the anger and anxiety felt by many people at a time of economic and social upheaval and expanding expectations for equal rights. On the evening of November 1, 1843, a young household servant named Amelia Norman attacked Henry Ballard, a prosperous merchant, on the steps of the Astor House Hotel. Agitated and distraught, Norman had followed Ballard down Broadway before confronting him at the door to the hotel. Taking out a folding knife, she stabbed him. Ballard survived the attack, and the trial that followed created a sensation. Newspapers in New York and beyond followed the case eagerly, and crowds filled the courtroom every day. The prominent author and abolitionist Lydia Maria Child championed Norman and later included her story in her fiction and her writing on women's rights. Norman also attracted the support of politicians, journalists, and legal and moral reformers who saw her story as a vehicle to change the law as it related to “seduction” and to advocate for the rights of workers. This book describes how New Yorkers followed the trial for entertainment. Throughout all this, Norman gained sympathys, in particular the jury, which acquitted her in less than ten minutes. The book weaves together Norman's story to show how, in one violent moment, she expressed all the anger that the women of the emerging movement for women's rights would soon express in words.


2010 ◽  
Vol 40 (4) ◽  
pp. 440
Author(s):  
Uswatun Hasanah

AbstrakIn Islamic law, there are principles of equality among all human beings,including equality between men and women. To manifest the principles ofequality, proper understanding of Islamic law and human rights is needed.Human rights, including women's rights are often mentioned in al-Qur'anand al-Hadits. Islam comes to bring fresh air for women because God'srevelation descended to Prophet Muhammad talks much about women, bothabout their rights and obligations. Although Islam has been present for morethan fourteen centuries ago, but the provisions contained in al-Qur 'an andthe al-Hadith, as sources of Islamic law have not been realized properly inIslamic society, even until today there are still practices in Islamiccommunities that put Muslims women not as they should. Although therewere not many, but the condition can lead to incorrect understanding ofIslam in society that Islam less aware ofwomen's rights. Infact, Islam givesgreat attention and gives a respectable position for women. In order that thewomen's rights can be implemented appropriately, every Muslim shouldunderstand Islamic law well and correctly, so they can realize their rightsand obligations as servants of God, as members of society and citizens.Human rights and women issues should be perceived as a problem faced notby women only, but also by all people in society. Awareness about women'srights in Islam cannot establish by itself but must be cultivated through acorrect dissemination of correct understanding to the community,particularly Muslims, both men and women.


2019 ◽  
pp. 105-134
Author(s):  
Lisa McIntosh Sundstrom ◽  
Valerie Sperling ◽  
Melike Sayoglu

Chapter 4 explores the inter-network dynamics between the human rights and women’s rights communities in Russia, and how the uneasy relationship between these two sectors of civil society helps keep Russian women’s sex-based discrimination claims from percolating up to the ECtHR. We draw upon our interviews with feminist activists and human rights activists in Russia to shed light on the experiences of feminist activists within the human rights and international litigation communities in Russia. We find that the separation between women’s rights and traditional human rights networks in Russia has until recently excluded feminist lawyers from learning how to take cases successfully to the ECtHR through legal training. We compare the experiences of feminist activists and the reception of Russian human rights NGOs (nongovernmental organizations) to gender-based claims of human rights violations to the strikingly different experiences of LGBT rights activists who have found common cause with human rights organizations in Russia in trying to contest hate crimes and other rights violations in court.


2006 ◽  
Vol 13 (2) ◽  
pp. 242-274 ◽  
Author(s):  
Moussa Abou Ramadan

In this article, I study Article 130 of the Ottoman Family Law, which is still applied in Israel, with special attention to developments within the Sharia Court of Appeals between the years 1992 and 2003. I argue that this Court has encouraged reform regarding the issue of niza wa-shiqāq (quarrel and disagreement). This reform has four main components. First, it entails a weakening of the patriarchal concept that limits a woman's role within Muslim society, her authority over her body, and her movements. Second, it eases the burden of proof by lowering evidentiary requirements. Third, it improves the procedure of arbitration by better defining the suitability of the arbitrators and supervising the methods of their work. Fourth, it enables the Sharia Court to nominate arbitrators and control their decisions. This reform has improved women's rights to divorce and has made divorce a relatively easy option. The reform also makes it easier for both men and women to obtain divorce, particularly as compared to other religious minorities in Israel.


2016 ◽  
Vol 48 (3) ◽  
pp. 611-636 ◽  
Author(s):  
Jessica Gottlieb ◽  
Guy Grossman ◽  
Amanda Lea Robinson

Policies designed to increase women’s representation in Africa are often motivated by the assumption that men and women have different policy preferences. This article finds that gender differences in policy priorities are actually quite small on average, but vary significantly across policy domains and countries. The study leverages this variation to show that the economic and social empowerment of women influences the size of gender gaps in the prioritization of two important domains. In particular, women’s participation in the labor force – an indicator of economic empowerment – narrows the gender gap in the prioritization of infrastructure investment and access to clean water, while social vulnerability widens the gap on prioritizing infrastructure investment. Finally, the article shows that the places where women and men have the most divergent policy preferences – and thus where formal representation is most important – are precisely the places where women are currently the most poorly represented and least active in formal politics.


Author(s):  
Naila Farah

Today's women's issues are still very important to pay attention to because women's rights have not been fully fulfilled. The marginalization of women's rights often stems from local religious and cultural beliefs. This is where the importance of the thinking of figures like Asghar Ali Engineer is reviewed in the present. This paper discusses the thoughts of Asghar Ali Engineer about liberation theology in the matter of women's rights in Islam. Asghar Ali Engineer in many of his works has offered various kinds of deconstruction of discourses. In the matter of women's rights in Islam, he presents his opinion on inheritance, wealth, testimony, the position of women in the family, polygamy and divorce which are considered as examples of inequality. With its hermeneutic interpretation, Asghar Engineering rejects the existence of a patriarchal concept that is inherent in the classical interpretation of the Quran, which is considered discriminatory against women. Then he applies the verses of the Quran into two, namely normative and contextual, with the hope that the verses of the Quran can be reinterpreted, so that it truly becomes a universal verses of “das solen” on one side and contextual verses of “das sein” on the other. Thus, the equality of men and women can be realized and gender-based justice can be manifested.


Sign in / Sign up

Export Citation Format

Share Document