scholarly journals Revisiting the Role of Women as Witnesses in Fiqh Justice

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Dahwadin Dahwadin ◽  
Syaik Abdillah ◽  
Sasa Sunarsa ◽  
Muhamad Dani Somantri ◽  
Enceng Iip Syaripudin ◽  
...  
Keyword(s):  
Islamic Law ◽  
Current Development ◽  
Library Research ◽  
Role Of Women ◽  
Women's Role ◽  
Comprehensive Discussion

This paper discusses the role of women as witnesses in a court. This is one of debatable issues in Islamic law considering the provision stating that the value of two women’s testimony is equal to one man’s testimony. Based on a more comprehensive discussion and by revisiting the Islamic resources on this issue, this paper concludes that the provision in the hadith, historically, regards heavily on women’s capability and readiness to perform their duties as witnesses. It can be seen in the case of qadzaf where women can be witnesses for themselves (by stating four oaths in the name of Allah). Therefore, in the current development, women’s role as witnesses needs to be reconsidered so that women can appear in the judiciary to play a role in supporting justice. Penelitian literatur  (library research) ini bertujuan untuk menganalisa bagaimana pandangan kesaksian perempuan dalam Islam melalui pendekatan analitik terhadap ketentuan dalam fikih keadilan yang ditinjau melalui berbagai  berbagai corak diskusi dan referensi yang mendukung penelitian ini. Kesaksian merupakan proses menemukan dan membuktikan kebenaran dalam  perkara  perdata maupun  pidana. Dalam  hukum Islam, hal-hal yang membutuhkan kesaksian seperti itu adalah pernikahan dan perceraian yang menyangkut hudud dan qisha. Ada beberapa kriteria khusus dalam memberikan kesaksian. Dalam masalah-masalah spesifik, perempuan  tidak diizinkan memberikan kesaksian, diantaranya ialah wilayah hudud dan qisha. Ketentuan lainnya ialah  perempuan dapat  menjadi saksi di pengadilan, tetapi hanya dalam kasus perdata (transaksi keuangan), dan itupun bobot dua wanita sama dengan satu pria. Apabila  merujuk pada makna teks, maka jelas siapa pun dia (wanita) dan kualifikasinya tidak diperbolehkan untuk melayani sebagai saksi dalam kasus pidana. Meskipun secara historis,  terbukti banyak wanita cerdas, memiliki kedewasaan emosional, kredibilitas, dan berbagai kemampuan yang memenuhi syarat untuk tampil sebagai saksi dalam kasus-kasus, baik sipil maupun pidana. Masalah kesaksian seorang perempuan tersebut dinilai oleh sebagian orang sebagai salah satu perbedaan yang mensubordinasi perempuan. 

scholarly journals Ezer Kenegdo: Eksistensi Perempuan dan Perannya dalam Keluarga

2020 ◽  
Vol 4 (1) ◽  
pp. 44-55
Author(s):  
Grecetinovitria Merliana Butar-butar
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Research Method ◽  
Qualitative Research Methods ◽  
Men And Women ◽  
Library Research ◽  
The Family ◽  
Role Of Women

AbstractPurpose of this study was to describe the meaning of ezer kenegdo and to know position and role of women in the family. The research method used is qualitative research methods (library research). The term of “ ezer kenegdo” refer to a helper but her position withoutsuperiority and inferiority. “The patner model” between men and women is uderstood in relation to one another as the same function, where differences are complementary and mutually beneficial in all walks of life and human endeavors.Keywords: Ezer Kenegdo; Women; Family.AbstrakTujuan penulisan artikel ini adalah untuk mendeskripsikan pengertian ezer kenegdo dan mengetahui kedudukan dan peran perempuan dalam keluarga. Metode yang digunakan adalah metode kualitatif library research. Ungkapan “ezer kenegdo” menunjuk pada seorang penolong namun kedudukannya adalah setara tanpa ada superioritas dan inferioritas. “Model kepatneran” antara laki-laki dan perempuan dipahami dengan hubungan satu dengan yang lain sebagai fungsi yang sama, yang mana perbedaan adalah saling melengkapi dan saling menguntungkan dalam semua lapisan kehidupan dan usaha manusia.Kata Kunci: Ezer Kenegdo, Prerempuan, Keluarga.

scholarly journals PERAN SAYYIDAH ‘AISYAH DALAM PEMBENTUKAN HUKUM ISLAM BERWAWASAN GENDER

EGALITA ◽  
2012 ◽  
Author(s):  
Ahmad Izzuddin
Keyword(s):  
Social Welfare ◽  
Gender Inequality ◽  
Islamic Law ◽  
Middle Age ◽  
Early Age ◽  
The Family ◽  
The Law ◽  
Role Of Women ◽  
Law Construction

Islamic law and women are one of mostly debated discourses bycontemporary Islamic thinkers particularly those who are gender issuesproponents. That discourse grows due to the accuse towards Islam thatthis religion is the source of gender inequality for women through outmuslim world especially in education, fairness and domestic freedom aswell as social welfare in the family. The assumption is that Islamic law ismale-based law. Therefore, it is a need to explore the note on Islamic lawdevelopment which is perceived from the role of women in the early age oflaw construction not from the aspect of the thought of classical ulama inthe middle age. This paper tries to explore and to discuss mainly the role ofSiti Aisyah as the teacher and the transmitter of hadith as the foundation ofIslamic law construction to underline women’s position and contributionas the law maker that it will prove that Islamic law is not merely men-basedlaw as the assumption grows.

scholarly journals KAUSALITAS ANTARA FUNDAMENTAL EKONOMI DAERAH DAN PERAN WANITA DALAM PEMBANGUNAN

2012 ◽  
Vol 13 (1) ◽  
pp. 46
Author(s):  
Amin Pujiati
Keyword(s):  
Granger Causality ◽  
Point Of View ◽  
Reciprocal Relationship ◽  
Causality Test ◽  
Women In Development ◽  
Economic Fundamentals ◽  
Central Java ◽  
Role Of Women ◽  
Women's Role

This study aims to analyze the role of women in development and the causality between regional economic fundamentals and the role of women at Central Java. It uses district level data and supplied by the Indonesian Central Bureau of Statistics during 2001- 2009. The tools of analysis Granger Causality Test. The results of the analysis of the role of women in development is still low, from education, health, women's role and potential of public sector point of view. The Granger Causality tests results shows that a direct relationship between women's role in regional development with economic fundamentals, that also the role of women in development increased, causing increased local economic fundamentals. In this study there is no reciprocal relationship between economic fundamentals and the role of women.

scholarly journals Islam, State, and Nationalism in Brunei Darussalam, India, Indonesia, and Malaysia: A Comparative Perspective

2020 ◽  
Vol 21 (2) ◽  
pp. 182
Author(s):  
Muh Arif Royyani ◽  
Muhammad Shobaruddin
Keyword(s):  
Human Activity ◽  
Islamic Law ◽  
Comparative Method ◽  
State System ◽  
Gray Zone ◽  
Nationalist Movement ◽  
Brunei Darussalam ◽  
Library Research ◽  
Independence Era

<p><span lang="EN-US">Islam has comprehensive roles in some aspects of human activity. It enlarged from theological aspect to political aspects. Some former colonized countries where Islam was coexisted, this religion became an embryo of nationalist movements during colonization era. This essay scrutinizes the role of Islam in escalating nationalism during colonization era and it relation with the states in post colonization era in four former colonized countries namely Brunei Darussalam, India, Indonesia, and Malaysia. By using comparative method, the essay researched some main literature (library research) related to Islam and nationalism. It was founded that Islam has significant roles in nationalist movement in the four analyzed countries through several channels. Meanwhile, in the post-independence era, the relation between Islam and state system are variably. In India, Islam is separated from state system (secular). In contrast, Islamic ideology became the main sources of state system in Brunei Darussalam (adopted entirely) and Malaysia (adopted partially). Then, Islam in Indonesia seems like “a gray zone” because the country does not using Islamic law but still adopting Islamic thoughts in several cases. </span></p>

scholarly journals Women and the Islamic Revolution

1983 ◽  
Vol 15 (2) ◽  
pp. 283-298 ◽  
Author(s):  
Adele K. Ferdows
Keyword(s):  
Islamic Revolution ◽  
Crisis Situation ◽  
Traditional Societies ◽  
Role Of Women ◽  
1960S And 1970S ◽  
Women's Role ◽  
The 1960S ◽  
Islamic Society ◽  
Tremendous Impact

Defining the role of women in Islamic society has been an issue for debate in post-revolutionary Iran, particularly in light of recent rulings affecting women. This is not merely a theoretical debate but a crisis situation where some women who participated in the revolution alongside men now find themselves in a peculiarly difficult position in relation to society and the current government. Ali shariati (d. 1977), through his publihsed works and transcribed lectures during the 1960s and 1970s, has had a tremendous impact on the direction of this debate. Completely rejecting the role of women in both western and traditional societies, Shariati offers a third alternative: the figure of Fatima, daughter of the Prophet Mohammad and wife of Ali, the first Imam of the Shi'is as the personification of women's role.

scholarly journals Re-Examining the Structure of Firms and the Provision of Finance: The Case for Islamic Partnerships

2019 ◽  
Vol 15 (10) ◽  
pp. 64
Author(s):  
Shams Osama Haikal
Keyword(s):  
Islamic Law ◽  
Policy Implications ◽  
Entire System ◽  
Legal Personality ◽  
The Past ◽  
Library Research ◽  
Credit Creation ◽  
Debt Finance

In the past, Muslims and non-Muslims mainly depended on equity-based financing while debt was an exception, but this whole system was altered with the inception of banks followed by the corporations and the role of partnerships started to shrink. Accordingly, many issues emerged concerning the current financial system, for instance three different banking theories were developed that are based on different understanding of how banks and money function and each lead to different economic and policy implications. Frankly, the new entire system was borrowed from the English law and hence raised doubt about its compliance with Sharī&rsquo;ah. Accordingly, the study aims to re-examine the structure of corporations, especially the concept of legal personality, and the provision of debt finance under the principles of Islamic law and their effect on the economy as compared to partnerships. The study employed library research, content analysis as well as case study approaches and found that the only correct banking theory that is supported by an empirical evidence is the credit creation theory which states that banks can create money out of nothing. Moreover, after analyzing the concept of legal personality, the concept proved not to be accepted by the classical scholars although the majority of the contemporary scholars insist on its validity. Furthermore, the whole structure was found to contradict some of the main principles of Islamic law. Finally, partnerships were found to be more efficient than the debt-based system in terms of allocating the investable resources and the marginal efficiency of capital.

scholarly journals The Analysis of Islamic Law Maqosid on the Role of Women in Improving Family Welfare

2020 ◽  
Vol 20 (2) ◽  
pp. 167-180
Author(s):  
Zeni Sunarti ◽  
Muhamad Hasan Sebyar
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Economic Structure ◽  
Family Welfare ◽  
Economic Welfare ◽  
Analysis Method ◽  
Participation Of Women ◽  
The Family ◽  
Role Of Women

Abstract: The participation of women at work domain, does not only contributes in changing the mindset and economic structure of a region, but also has contributed greatly to family welfare. This research uses descriptive analysis method to analyze and describe the role of women in improving the economic welfare of the family in the perspective of maqashid syariah. Based on the results of the research, it is found that the implication is that the role of women is very positive in improving family welfare and in accordance with the objectives of Islam,; falah (prosperous in the world and the hereafter), and in accordance with the five main elements that must be maintained in Islam, namely hifz ad-din, hifz an. -nafs, hifz al-aql, hifz an-nasl, and hifz al-mall. Keywords: Islamic law, the role of women, family welfare.   Abstrak: Partisipasi peran perempuan dalam dalam dunia kerja tidak hanya berkontribusi terhadap berubahnya pola fikir dan tatanan perekonomian suatu daerah, akan tetapi juga telah memberikan kontribusi yang besar terhadap kesejahteraan keluarga. Penelitian ini menggunakan metode analisis deskriptif untuk menganalisis dan mendiskripsikan peran perempuan dalam peningkatan kesejahteraan ekonomi keluarga perspektif maqashid syariah. Berdasarkan dari hasil penelitian, ditemukan implikasi bahwa peran perempuan sangat positif dalam meningkatkan kesejahteraan keluarga dan  sesuai dengan tujuan Islam yaitu falah (sejahtera dunia dan akhirat), serta sesuai dengan lima unsur pokok yang harus dijaga dalam islam, yakni hifz ad-din, hifz an-nafs, hifz al-aql, hifz an-nasl, dan hifz al-mall. Kata-kata kunci: hukum Islam, peran perempuan, kesejahteraan keluarga.

scholarly journals THE STUDY OF FEMINISM IN THE NOVEL NAYLA BY DJENAR MAESA AYU

2019 ◽  
Vol 3 (1) ◽  
pp. 27
Author(s):  
Ni Ketut Veri Kusumaningrum ◽  
I Wayan Rasna ◽  
Gde Artawan
Keyword(s):  
Narrative Structure ◽  
The Novel ◽  
The Public ◽  
Library Research ◽  
The Social ◽  
Show Business ◽  
The Status ◽  
Role Of Women ◽  
Relationship Of

This research aims to determine (1) the narrative structure of novel Nayla by Djenar Maesa Ayu, (2) the role of women figure in the novel Nayla by Djenar Maesa Ayu, (3) the struggle of women figure in the novel Nayla by Djenar Maesa Ayu. This research uses feminism study with qualitative research. The data was collected by using library research. The library method was used at finding out the data in the novel Nayla by Djenar Maesa Ayu and in other literature which supports this research. The analyzed data are narrative structure, the role of women figure and the struggle of women figure in the novel Nayla by Djenar Maesa Ayu. The data were analyzed through the stage of reduction, presentation and data collection. The subject of this research is the novel Nayla by Djenar Maesa Ayu, the object of this research is the narrative structure, the role of women figure and the struggle of women figure in the novel Nayla by Djenar Maesa Ayu. The result of this research refers to (1) The Narrative structure in the novel Nayla by Djenar Maesa Ayu was include figure, characterization, plot and background. (2) The role of women figure in the novel Nayla by Djenar Maesa Ayu was found in the social domain, domestic and public. (3) The struggle of women figure in the novel Nayla by Djenar Maesa Ayu was manifested by struggling in maintaining in the status as women, the struggle in maintaining the gender. The form of feminism was described in the novel Nayla as never surrender, not dependent to the parents, and behaves deviate. Novel Nayla to present the relationship of gender that leads to a superior. Novel Nayla as the main character show business to make a women who has the dignity of which is equivalent to the men. Based on the results of analysis and advice for women in order to improve the quality of the field of education, domestic, and the public so that gender equality can be achieved.

scholarly journals Pemaksaan Zakat oleh Pemerintah dalam Perspektif Hukum Islam dan Penerapannya di Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 78-97
Author(s):  
Khaerul Aqbar ◽  
Sulkifli Herman ◽  
Asri
Keyword(s):  
Islamic Law ◽  
Data Sources ◽  
The Internet ◽  
Muslim Community ◽  
Sociological Approach ◽  
Library Research ◽  
Scientific Papers ◽  
The Government ◽  
Written Sources

This study aims to examine how the application of zakat at the time of the Prophet. and khulafaurasyidin as well as examining how the zakat enforcement system in Indonesia and its application from the perspective of Islamic law. In this study, the authors use a type of library research (library research) whose data sources are obtained from written sources, including books, laws, fiqh books, journals, the internet, and other scientific papers related to the object under study, by using Sharia normative theological approach, juridical approach, and sociological approach. The research results found by researchers are as follows; First, zakat is one of the pillars in supporting the economy of Muslims to overcome economic, social, educational, and health disparities in the country of Indonesia. second; The imposition of zakat in Indonesia can be done by revising the contents of law number 23 of 2011, which is to reduce tax for muzakki on zakat that has been fulfilled. third; the government can impose zakat on the Indonesian Muslim community as long as it can manage zakat by the Sharia without any element of cheating in it. fourth; zakat can be enforced in Indonesia if it can strengthen the role of BAZNAS, LAZ, and BAZ nationally by Article 23 of 2011 Law. Fifth; the imposition and management of zakat at the time of the Prophet and khulafaurrasyidin is something that should be emulated because history has proven its success in managing zakat. sixth; muzakki may distribute their zakat directly to mustahik without going through institutions either from the government or institutions under the protection of the government. seventh; according to the perspective of the Islamic law that every leader who manages the affairs of the Muslims is obliged to take care of his affairs by the provisions of the Shari'a. Eighth; in surah al-Taubah / 9 verse 103 the leaders have been instructed to take zakat from Muslims by applicable regulations.

scholarly journals PERAN WANITA SEBAGAI PENCARI NAFKAH KELUARGA DALAM PERSPEKTIF HUKUM ISLAM

2019 ◽  
Vol 8 (1) ◽  
pp. 86-109
Author(s):  
Luluk Shoviana ◽  
Zahrotun Navish Abdillah
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Qualitative Approach ◽  
Men And Women ◽  
Community Needs ◽  
Female Workers ◽  
Data Collection Instrument ◽  
Role Of Women ◽  
The Right

This study aims to determine the provisions of the role of women as female workers in the perspective of Islamic law, and the provisions of the role of women as female workers from the perspective of positive Indonesian law. The type of research used is field research using a qualitative approach. The data collection instrument use is the interview and observation studies. This study uses descriptive analytic. The results of this study indicate that The role of women as female workers in the perspective of Islamic law is basically permissible, due to seeking the living to fulfill the means of life is the right and obligation of both men and women as long as a wife does not neglect her obligations to her husband and children. The role of women as female workers  in the perspective of positive Indonesian law is also permissible, because a woman is able to carry out activities both inside and outside the employment relationship to produce goods or services to meet their own needs and community needs.

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