scholarly journals Women, Reconciliation Right and Gender Justice in Islam Family Law

2019 ◽  
pp. 173
Author(s):  
Aswiyanto Aswiyanto
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Family Law ◽  
Analysis Approach ◽  
Gender Justice ◽  
Gender Perspective ◽  
Men And Women ◽  
And Gender ◽  
The Right ◽  
Muslim Scholars

Religious teachings are considered to have long oppressed women. Teachings having been dominated by men have been used as justifications for the perception of society that is very detrimental to women. This article discusses the gap of understanding on women's rights to reconcile with their husband who have divorced them, viewed from the perspective of Islamic scholars and Islamic law. In this case, the Qur'an has the principle that the positions of men and women are equal as a servant, because men and women are created from the same substance (min nafsin waahidah), the same task (khalifatullah filardh), and have same obligations (liya'budun). However, Muslim scholars agree that the reconciliation is absolutely the husband’s right. In gender perspective, women can apply for reconciliation (Rujuk) as their rights to their husbands. This study conducts analysis using a content analysis approach related to the issue of reconciliation rights dominated by men (husbands) by means of redeeming the husband's rights that have been given to them. And in the presence of khulu, the wife also has the right of reconciliation (Rujuk) to the husband who has divorced her.

scholarly journals Hak Asuh Anak Dalam Keluarga Perspektif Keadilan Gender

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Mohamad Faisal Aulia ◽  
Nur Afifah ◽  
Gilang Rizki Aji Putra
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Gender Justice ◽  
Empirical Reality ◽  
Gender Perspective ◽  
Men And Women ◽  
Legal Provisions ◽  
Custody Of Children ◽  
Custody Disputes ◽  
Islamic Family Law

One of the crucial issues in family law in Indonesia that needs attention today is the issue of gender justice in family law, including post-divorce custody of children. This is due to the historical-empirical reality of family law that still places unequal status and roles between men and women. This article discusses how the provisions of child custody disputes in Islamic family law and how the legal provisions for post-divorce child custody have a gender perspective. Based on the above study it can be concluded; First, the legal provisions regarding child custody regulated in articles 105 and 156 are not gender responsive, this is because in determining that a person is given custody based on sex, not based on the aspects of morality, health, educating and caring for children, which in the end is for the realization of interests. the best boy. Second, aspects of morality, health, the ability to educate and care for children cannot be mastered and only owned by a certain gender, but all aspects can be owned by both men (fathers) and women (mothers).Kata Kunci: Hak Asuh Anak, Hukum Keluarga, Keadilan Gender

scholarly journals Sengketa Hak Asuh Anak Dalam Hukum Keluarga Perspektif Keadilan Jender

2017 ◽  
Vol 2 (1) ◽  
pp. 153
Author(s):  
Ahmad Zaenal Fanani
Keyword(s):  
Gender Equity ◽  
Main Parameter ◽  
Family Law ◽  
Gender Justice ◽  
Men And Women ◽  
Positive Law ◽  
Islamic Family Law ◽  
The One ◽  
The Right

Abstract: The one of the crucial issues in the Islamic family law in Indonesia is the issue of gender equity including tug of love. It is caused by historical and empirical of Islamic family law which still put unequal status and unequal roles between men and women. That Islamic family law is law that has become the positive law or has become law and regulation in Indonesia. This article will discuss about the provision of tug of love dispute in Islamic family law in Indonesia, and the renewal of provision of tug of love dispute from a gender justice perspective. Based on the review and analysis can be concluded that the provision of tug of love dispute in Islamic family law in Indonesia (particularly Article 105 and 156 KHI) is not gender equitable and should be revised by adding the aspect of morality, aspect of health, the ability to educate and the ability to take care of children as the main parameter in determining the right parent who will possess the custody of the children.Abstrak: Salah satu persoalan krusial dalam hukum keluarga di Indonesia yang perlu mendapat pembaharuan dewasa ini adalah persoalan keadilan jender dalam hukum keluarga, termasuk hak asuh anak. Hal ini dikarenakan kenyataan historis-empiris hukum keluarga masih menempatkan status dan peran yang tidak setara antara laki-laki dan perempuan. Hukum keluarga yang dimaksud adalah hukum keluarga yang sudah menjadi hukum positif atau menjadi peraturan perundang-undangan di Indonesia. Artikel ini akan membahas tentang bagaimana ketentuan sengketa hak asuh anak dalam hukum keluarga Islam di Indonesia, serta bagaimana pembaruan ketentuan sengketa hak asuh anak dalam perspektif keadilan jender. Berdasarkan kajian artikel ini, dapat disimpulkan; Pertama, ketentuan hukum tentang sengketa hak asuh anak yang diatur dalam pasal 105 dan 156 KHI tidak responsif jender. Kedua, aspek moralitas, kesehatan dan kemampuan mendidik dan memelihara anak tidak bisa dimonopoli oleh jenis kelamin tertentu akan tetapi semua aspek tersebut sama-sama bisa dimiliki baik oleh kaum perempuan (ibu) maupun oleh kaum laki-laki (bapak).

HADITH “ANTI WANITA” BERKENAAN DENGAN KEHIDUPAN RUMAH TANGGA: KAJIAN KRITIK TERHADAP FEMINIS LIBERAL

2011 ◽  
Vol 9 (1) ◽  
pp. 135-166
Author(s):  
Mohd Akil Muhamed Ali ◽  
Mazlan Ibrahim ◽  
Dwi Sukmanila Sayska
Keyword(s):  
Content Analysis ◽  
Gender Justice ◽  
The West ◽  
And Gender ◽  
The Right

Equality and gender justice issues are often debated by liberal feminist groups in either the West or East. Muslim feminist groups in particular often use certain hadiths to show the injustice of Islam against women. Therefore, this article will analyze some of the hadiths that are used by this group as anti-women. This article will focus on sanad and matan and also the right meaning of the hadith. The methodology used in this study is literature and content analysis. This article is intended to correct the allegation or wrong assumption and put the hadith on the right position, therefore it will be respected and being noble.

scholarly journals HAK WARIS ANAK LAKI-LAKI TERTUA DALAM HUKUM ADAT LAMPUNG PEPADUN PERSPEKTIF GENDER (STUDI DI TEGINENENG KABUPATEN PESAWARAN)

2019 ◽  
Vol 4 (1) ◽  
pp. 59
Author(s):  
Habib Ismail ◽  
Hasyim Asy'ari ◽  
Agus Setiawan
Keyword(s):  
Indigenous Peoples ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Gender Justice ◽  
Not Given ◽  
Tribal Community ◽  
International Convention ◽  
Kinship System ◽  
And Gender ◽  
The Right

The existing Lampung Indigenous Peoples Pepadun in Tigeneneng sub-district, Kab. Pesawaran, adheres to a patrilneal kinship system. This means that the oldest son is an absolute heir in the implementation and management of inheritance with the highest customary title, namely balancing. Whereas for the female heirs, they were not given the right of authority in management, because in the adat of Lampung Province the daughters were considered unable to manage inheritance and daughters when they were married, so they would change their customary titles and would follow their husbands. This type of research is a field using a qualitative approach by analyzing data inductively. The result of this research is that the system applied in the distribution of inheritance rights to the eldest child in the Lampung tribal community, is clearly very contrary to the principle of gender equality and justice. Juridically normative equality and gender justice have been regulated in Islamic Law and International Convention (CEDAW). Even though juridically, girls have the same rights as boys in managing inheritance left by both parents.

scholarly journals Legal Construction of the Buginese Understanding

2021 ◽  
Vol 19 (2) ◽  
pp. 242
Author(s):  
Muhammad Yusuf ◽  
Ismail Suardi Wekke ◽  
Afandi Salleh ◽  
Rosdalina Bukido
Keyword(s):  
Content Analysis ◽  
Married Couple ◽  
Core Values ◽  
Analysis Approach ◽  
Women’S Rights ◽  
South Sulawesi ◽  
Legal Construction ◽  
The Right ◽  
Public Leaders ◽  
Muslim Scholars

This article investigates the relevance of values of Bugis culture dan Muslim Scholars' views in Bugis Quranic exegesis by MUI of South Sulawesi. This research uses a content analysis approach to the Bugis Quranic exegesis. Bugis Muslims scholars' views about women's rights (opportunity) to be public leaders, iddah, and inheritance distribution are relevant to core values of Bugis culture and local wisdom of Bugis people. To be public leaders, women never mind as long as they fulfill qualitative and functional criteria. In household affairs, a married couple is a partnership where both have responded to do together. 'Iddah stress to religious principle and culture of siri' (self-respect), paccing (purity), asitinajang (fairness).  Inheritance distribution does relate to the right and responsibility to realize equality and justice. Muslim scholars' of Bugis have the expertise to deliver values of Bugis culture, and explanatory is not only explicitly, but also implicitly and inherently. The Quran and local wisdom are two values integrated into giving solutions to people. Therefore, the integration between local wisdom relevant to the teachings of Islam (the Koran) undertaken by the ulama will undoubtedly be more effective.

scholarly journals DELEGATION OF THE RIGHT OF DIVORCE AND ITS REVOCATION IN ISLAMIC AND PAKISTANI LAW: A COMPARATIVE STUDY

2021 ◽  
Vol 04 (01) ◽  
Author(s):  
Ihsanullah Chishti ◽  
Ayesha Snober
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
Family Law ◽  
The Real ◽  
Legal Texts ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Right ◽  
Muslim Family ◽  
Muslim Scholars

Delegation of divorce and its revocation is an important issue in the discipline of Muslim family law, which especially highlighted by Muslim scholars in Pakistan after the legislation of Muslim Family Law Ordinance 1961 in this regard. Actually, the legality of the issue in the classical Muslim jurisprudence is not questionable due to its institution by the legal texts of the Holy Quran and Sunnah. But the Muslim scholars distinguish between pre- and post-contract delegation of right of divorce to the wife. As for as concerned the Pakistani Muslim family Law ordinance 1961, which legalized that right to divorce may be delegated to wife at all. We have tried to study in this article the real status of the issue in the light of Quran and Sunnah and opinions of the early Muslim Jurists in this regard. This study is based on the comparison between the practically applied law in Pakistan and legitimate position of the said case in Islamic Law.

scholarly journals Transaksi Kewangan Secara ‘Online’ Menurut Undang-Undang Keterangan Islam di Malaysia: Isu dan Cabaran

2019 ◽  
pp. 113-127
Author(s):  
Wan abdul fattah Wan ismail ◽  
Ahmad Syukran Baharuddin ◽  
Fuadah Johari ◽  
Muhammad Aunurrochim Mas’ad
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Qualitative Content Analysis ◽  
Analysis Approach ◽  
Financial Transaction ◽  
The World ◽  
Law Of Evidence

Online financial transaction is not new to the world and has been widespread into Malaysia. It has been applied in various matters including financial. Yet, there are still several issues that need to be clarified within the contekxt of Islamic Law of Evidence in Malaysia. This study gathered relevant data which have been obtained through qualitative content analysis approach towards related reported cases, statutes, and literature. As from the perspectives of Islamic Law of Evidence in Malaysia this paper discusses the concept of online financial transaction and its admissibility, verification procedure of online transaction. It also explains on the issues and challenges behind the application of this kind of transaction. All in all, this study highlights on the completeness of Islam in prividing solution of current issues despite of the changes of time, era, and technology as can be seen in the discussion related to online financial transaction.   Abstrak Transaksi kewangan secara ‘online’ bukanlah suatu yang baru kepada dunia dan telah tersebar sehingga ke Malaysia. Ia telah diaplikasikan dalam pelbagai urusan termasuklah kewangan. Namun, terdapat beberapa isu yang perlu diperjelaskan dalam konteks Undang-Undang Keterangan Islam di Malaysia. Kajian ini mengumpulkan data-data yang relevan diperolehi dari pendekatan analisis kualitatif terhadap kes-kes yang dilaporkan, statut-statut, dan kesusasteraan yang berkaitan. Melalui perspektif Undang-Undang Keterangan Islam di Malaysia, kajian ini membincangkan konsep transaksi kewangan secara ‘online’ dan penerimaannya. Ia juga menjelaskan isu-isu dan cabaran di sebalik pengaplikasian transaksi jenis ini. Secara keseluruhannya, kajian ini menyerlahkan kesyumulan Islam dalam memberi penyelesaian terhadap isu-isu terkini sekalipun berlaku perubahan zaman, masa dan teknologi seperti yang dapat dilihat melalui perbahasan berkenaan transaksi kewangan secara ‘online’.

scholarly journals Konstruksi Nalar Rechtvinding Hakim dalam Pemberian Izin Poligami yang Berkeadilan Gender dalam Putusan Pengadilan Agama Jombang No. 0899/Pdt.G/2016/PA.Jbg

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 496-517
Author(s):  
Abdullah Taufik ◽  
Ilham Tohari
Keyword(s):  
Content Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Gender Justice ◽  
Legal Research ◽  
Analysis Techniques ◽  
Positive Law ◽  
The One ◽  
Legal Discovery ◽  
Religious Courts

The practice of polygamy in Indonesia until now has drawn criticism from some feminists who did not agree. But on the one hand, both Islamic law and positive law permit various conditions. In this case, the Religious Court (PA) becomes the last fence which becomes the determining point for a man to be able to polygamy. For this reason, researchers conducted a study of PA decisions on polygamy, namely Jombang PA Decision No. No. 0899 / Pdt.G / 2018 / PA.Jbg . The focus of the problem is (1) the value of gender justice in the decision and (2) reasoning rechtvinding(legal discovery) judge. The method used in this study is a normative-qualitative legal research method with content analysis techniques from Charles Purse. The results showed that the practice of polygamy licensing in the Religious Courts had actually gone through processes that reflected gender justice. This is reflected in the obligation of the Religious Court to summon the longest wife of the applicant for polygamy to be asked for willingness and information. The results of subsequent studies show that PA Jombang judges used hermeneutic techniques in making legal discovery efforts. Because, they not only focus on aspects of legality, but also consider the contextualization.

scholarly journals Dakwah Multimedia di Situs Jejaring Sosial Facebook

2019 ◽  
Vol 9 (2) ◽  
pp. 213-237
Author(s):  
Muhammad Anshar
Keyword(s):  
Information Technology ◽  
Content Analysis ◽  
Social Network ◽  
Qualitative Study ◽  
Islamic Law ◽  
Effective Communication ◽  
Analysis Approach ◽  
Internet Media

Abstract: This study discussed the themes of multimedia proselytising on Facebook used by Makassar's preachers as well as the usage of various forms of multimedia to convey messages to audiences (mad'u) through the Facebook social network. This research was a qualitative study using a content analysis approach. The results of the study stated that the themes conveyed by the preachers were aqidah (faith), sharia (Islamic law), akhlak (manner) morals, mu'amalah (dealings between people), and general messages, such as education, behaviour, and defending the country. While the forms of multimedia proselytising used by da'i (Islamic preachers) were the textual message, images, audio, and video. In addition, da'i needed to improve the quality of material and media da'wa by using information technology through internet media in order to get effective communication (da'wah).

scholarly journals Execution of Mumtaz Qadri & Urdu Print Media of Pakistan: Exploring Consistency and Discord Frames in Editorializing of Blasphemy & Freedom of expression

2017 ◽  
Vol 01 (02) ◽  
Author(s):  
Tasaddaq Hussain Qureshi ◽  
Prof. Dr. Muhammad Aslam Pervez
Keyword(s):  
Content Analysis ◽  
Print Media ◽  
Freedom Of Expression ◽  
Active Role ◽  
Framing Theory ◽  
Theoretical Background ◽  
Analysis Approach ◽  
Opinion Formation ◽  
The Media ◽  
The Right

This paper focuses on the frames; through which execution of Mumtaz Qadri’s editorialized by the Urdu print media of Pakistan. Eighteen editorials on the selected topic, from March 1, 2016, to April 1, 2016, are selected as a sample from five leading national newspapers viz. Jang, Nawa-e-Waqt, Ausaf, Ummat, and Islam. Freedom of expression and blasphemy depicted through consistency and discord frames is explored with the help of Galtung’s peace and violence journalism indicators. The content analysis approach is applied, with the Framing theory providing theoretical background. It has been found that Media portrayed the issue through discord frame as a dominant frame, which approved the notion of Galtung that media usually portray the conflicts through violence journalism frame. It also approved that the media have not continued framing by a uniform pace. They play an active role in opinion formation of a public. With the passage of time media changed their framing tone from discord to the consistency frames. This proves that media is conscious to enjoy the right of freedom of expression with reference to the blasphemy, in such a volatile situation.

Sign in / Sign up

Export Citation Format

Share Document