scholarly journals PEREMPUAN DAN HAK ASASI MANUSIA DALAM PERSPEKTIF HUKUM ISLAM

2010 ◽  
Vol 40 (4) ◽  
pp. 440
Author(s):  
Uswatun Hasanah
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Women’S Rights ◽  
Human Beings ◽  
Proper Understanding ◽  
Men And Women ◽  
Correct Understanding

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.

scholarly journals Teaching “Islam and Human Rights” in the Classroom

2012 ◽  
Vol 45 (01) ◽  
pp. 101-105 ◽  
Author(s):  
Fait A. Muedini
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Minority Rights ◽  
Women’S Rights ◽  
The Media ◽  
Approach To Teaching ◽  
Rights Discourse ◽  
Human Rights Discourse

AbstractThis article discusses my approach to teaching a course on Islam and human rights. I begin by examining the attention Islam has received in the media and classroom. Then, I discuss how I structure lectures on Islam and human rights, the various readings associated with the lectures, as well as common themes discussed in class that include but are not limited to Islamic law, women's rights, and minority rights. From there, I discuss a range of different approaches to the Islam and human rights discourse. I then describe how I test the students' knowledge of the material.

scholarly journals ANALISIS MAQASID SYARIAH JASSER AUDA TERHADAP COUNTER LEGAL DRAFT KOMPILASI HUKUM ISLAM

2021 ◽  
Vol 3 (2) ◽  
pp. 1-24
Author(s):  
Muhammad Ali Murtadlo
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Family Law ◽  
Competent Authority ◽  
Qualitative Approach ◽  
National Character ◽  
Women’S Rights ◽  
Political Factor ◽  
Library Research

Islamic law transformative bid is made to replace the Islamic Law Compilation (KHI) in the form of Counter Legal Draft Compilation of Islamic Law (CLD-KHI), attracted the attention of academics, scholars and jurists of Islam in Indonesia. Many of those who reject and not infrequently also agree with the offer. This formulation is a challenge to bring order to respect Indonesia by Islamic law to all national character, culture and progress in democratization and upholding human rights, including women's rights. This study aims to answer the question (a) how is the legal istinbath method used in formulating the Counter Legal Draft Compilation of Islamic Law? (b) What is the formulation of the Counter Legal Draft Compilation of Islamic Law from the perspective of Jasser Auda's sharia maqasid? Library research using qualitative approach suggests that (a) the CLD-KHI is a legal draft in the form of provisions, so that in the process of its formulation is done through a procedural step that is done gradually, systematically, and involve several competent authority (b) Formulation of family law Islam offered in CLD-KHI in law istinbath method is not contrary to the concept of maqasid syariah Jasser Auda. However, the application instead of KHI still hindered political factor, because there are chapters that are considered controversial.

Constitutional Innovation and Animal Protection in Egypt

2018 ◽  
Vol 43 (04) ◽  
pp. 1364-1390 ◽  
Author(s):  
Kristen A. Stilt
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Islamic Law ◽  
Women’S Rights ◽  
Animal Protection

This article examines constitutional innovation through the case study of the emergence of animal protection in Egypt's 2014 Constitution. Egypt's provision, which is a state obligation to provide al-rifq bi-l-hayawan (kindness to animals), was adopted in Article 45 as part of the country's second constitution following the 2011 revolution that ousted President Hosni Mubarak. Three aspects proved crucial to the adoption of the provision: a decision by animal protection activists to influence the constitutional process; the ability of citizens to convey their ideas to the constitutional drafters, albeit in a limited way; and, most importantly, the use of frame bridging. The activists and then the constitutional drafters presented the new cause of constitutional animal protection in terms of well-established areas of social, and constitutional, concern in the country, including Islamic law, women's rights, human rights, and the protection of the environment.

scholarly journals Does Customary Law Discriminate Balinese Women’s Inheritance Rights?

2018 ◽  
Vol 2 (1) ◽  
pp. 97
Author(s):  
Hanna Christine Ndun ◽  
Sarah Suttor ◽  
I Gusti Agung Ayu Dike Widhiyaastuti
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Customary Law ◽  
Women’S Rights ◽  
Court Decisions ◽  
Equal Rights ◽  
Men And Women ◽  
The Law ◽  
The Right

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.

scholarly journals Humanae Vitae, Women’s Rights, and Responsible Parenthood

2020 ◽  
pp. 69-81
Author(s):  
Aneta Gawkowska
Keyword(s):  
Women's Rights ◽  
Human Sexuality ◽  
Moral Order ◽  
Women’S Rights ◽  
Sexual Ethics ◽  
Human Beings ◽  
Men And Women ◽  
Humanae Vitae ◽  
The Family ◽  
Deep Sense

The purpose of the article is to analyze the arguments present in Humanae Vitae which found positive resonance in the writings of women adopting the papal teaching on the nature of human sexuality and sexual ethics. According to some women, in particular the new feminists, the logic of the papal teaching concerning contraception contributes to promoting the dignity and rights of women as well as responsible parenthood. In their view, contraception does not contribute to women’s rights. Instead, it rather exacerbates the imbalance between men and women as well as sanctions the man’s irresponsible and hedonistic attitude towards a woman. Using contraception is in a deep sense anti-ecological. It is both disrespectful of the nature of woman’s fertility and destructive of relations within the family. The responsible parenthood defined by the papal teaching and by his commentators (both men and women quoted in the article) means taking responsibility for one’s sexual acts and their possible effects. The analyzed authors claim that by defending the nature of love, the nature of human beings, and the nature of the objective moral order, the encyclical Humanae Vitae defends women by defending their nature against the arbitrariness of men or society.

Islam, Gender, and Democracy in Comparative Perspective

2017 ◽  
Keyword(s):  
Human Rights ◽  
Comparative Literature ◽  
Gender Equality ◽  
Gender Inequality ◽  
Women's Rights ◽  
Women’S Rights ◽  
Muslim Countries ◽  
And Gender ◽  
Shed Light

This volume reframes the debate around Islam and women’s rights within a broader comparative literature. It examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part I addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part II localizes the implementation of this nexus between law, gender, and democracy, and provides contextualized responses to questions raised in Part I. The contributors explore the situation of Muslim women’s rights vis-à-vis human rights to shed light on gender politics in the modernization of the nation and to ponder over the role of Islam in gender inequality across different Muslim countries.

Divorce on grounds of discord: Did the Moroccan family law reform bring the guarantee of divorce for women? An ethnographic perspective on the changing landscape of divorce. The Mudawwana a decade on

2020 ◽  
Vol 74 (1) ◽  
pp. 35-65
Author(s):  
Elisabeth Nössing
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Age Groups ◽  
Case Law ◽  
Family Court ◽  
Law Reform ◽  
Women’S Rights ◽  
Mena Region ◽  
Men And Women ◽  
Moroccan Family

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.

Human rights and women's rights

Midwifery ◽  
2003 ◽  
Vol 19 (4) ◽  
pp. 249 ◽  
Author(s):  
Ann Thomson
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Women’S Rights
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