scholarly journals Arranged Marriage: Adjusting Kafa’ah Can Reduce Trafficking of Women

2020 ◽  
Vol 5 (2) ◽  
pp. 177
Author(s):  
Anwar Hafidzi ◽  
Rusdiyah Rusdiyah ◽  
Nurdin Nurdin
Keyword(s):  
Literature Review ◽  
Women's Rights ◽  
17Th Century ◽  
Women’S Rights ◽  
Arranged Marriage ◽  
Marriage Problems

This study aims to find the concept of match making or coercion in marriage against women. Women are more sensitive to match making issues and express disagreement with practices that violate women’s rights and endanger their future. However, previous researchers also considered match making coercion, sowe tried to research what if it was adapted to the concept of kafa'ah according to Shariah. The method used in this researchis a literature review by looking at the book an-nikah by Shaykh Muhammad Arsyad Al-Banjari, written in the 17th century AD. Through a hermeneuticalapproach, the researcher explores the marriage problems that her parents thought to becornering women in marriage problems. We try to uncover marriage problems that are sometimes considered to push women into marriage problems by their parents. This research proves that the concept of kafa'ah in al-Banjari theory can eliminate the perception of match making with a coercive system, because in the kafa'ah what is prioritized is a person's faith relationship which is ultimatelyable to maintain the honor of his wife and family. Not only in terms of material, but more inclined to approach immaterial needs. The Immaterial approach is evidenced by the harmonious relationship between the two families of the bride and groom.

scholarly journals REASON OF INCREASING CASES OF MARRIAGE DISPENSATION AGAINST WOMEN'S RIGHTS

2021 ◽  
Vol 3 (1) ◽  
pp. 23
Author(s):  
Nailur Rahmi ◽  
Elimartati Elimartati
Keyword(s):  
Literature Review ◽  
Women's Rights ◽  
Field Research ◽  
Secondary Data ◽  
Young Age ◽  
Deterrent Effect ◽  
Women’S Rights ◽  
Economic Factors ◽  
Interview Session ◽  
Data Source

The purposes of this study are to find out and to analyze causes of the increasing cases of marital dispensation on women’s right. Field research with normative juridical research are used. It was done by examining several decisions on marital dispensation cases at Batusangkar Religious Court. Data source are derived from the ones who conducted marital dispensation during interview session, and secondary data are from various literature review such as related books and journals. The results reflect causes of the increasing cases of marital dispensation is promiscuity, adultery, already having children, economic factors and poverty. The causes of the increasing cases of marital dispensation has an impact on the rights of women in the reproductive sector, because they are married at a young age. Therefore, the marriage dispensation regulation needs to be reviewed because it has not caused a deterrent effect by imposing sanctions on the person who conducted marital dispensation.

Fornication as a criminal conduct in the Criminal Code Draft: Legal Protection versus Criminalization against Women

2018 ◽  
Vol 23 (2) ◽  
pp. 87
Author(s):  
Laili Nur Anisah
Keyword(s):  
Literature Review ◽  
Women's Rights ◽  
Legal Protection ◽  
Criminal Code ◽  
The Other ◽  
Women’S Rights ◽  
Other Hand ◽  
Criminal Conduct

<p>On 14 February 2018 the Draft of the Criminal Code (RKUHP) was adjourned until an undetermined time, several articles deemed to be problematic. One of them is a criminal act of fornication. A new article will convict a denial-men who promises woman he has intercoursed with. Eventhough that article is meant to protect women, on the other hand, it can also be a factor to victimize women as perpetrator. This paper examines the position of women among the articles which will protect women's rights as well as those which criminalize them. This paper is a normative juridical study by using literature review and aims to find the problem and also intend solving it. The result, victimized-women protection Article in RKUHP should carefully be formulated in order not to allow victim women to be criminalized.</p>

John Stuart Mill Translated by Siegmund Freud

1999 ◽  
Vol 1 (2) ◽  
pp. 195-205 ◽  
Author(s):  
Michael Molnar
Keyword(s):  
Women's Rights ◽  
John Stuart Mill ◽  
Women’S Rights

Freud's translation of J.S. Mill involved an encounter with the traditions of British empirical philosophy and associationist psychology, both of which go back to Locke and Hume. The translation of Mill's essay on Plato also brought Freud into contact with the philosophical controversy between the advocates of intuition and faith and the advocates of perception and reason. A comparison of source and translated texts demonstrates Freud's faithfulness to his author. A few significant deviations may be connected with Freud's ambiguous attitude to women's rights, as advocated in the essay The Enfranchisement of Women. Stylistically Freud had nothing to learn from Mill. His model in English was Macaulay, whom he was also reading at this period.

The Transnational Women's Rights Movement and the World Economy

2020 ◽  
Vol 6 (2) ◽  
pp. 145-173 ◽  
Author(s):  
Heidi E. Rademacher
Keyword(s):  
Women's Rights ◽  
Small Body ◽  
World System ◽  
World Society ◽  
Women’S Rights ◽  
Social Movement Organizations ◽  
Global Movement ◽  
Negative Effect ◽  
Society Perspective ◽  
The Impact

Promoting the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was a key objective of the transnational women's movement of the 1980s and 1990s. Yet, few studies examine what factors contribute to ratification. The small body of literature on this topic comes from a world-society perspective, which suggests that CEDAW represented a global shift toward women's rights and that ratification increased as international NGOs proliferated. However, this framing fails to consider whether diffusion varies in a stratified world-system. I combine world-society and world-systems approaches, adding to the literature by examining the impact of women's and human rights transnational social movement organizations on CEDAW ratification at varied world-system positions. The findings illustrate the complex strengths and limitations of a global movement, with such organizations having a negative effect on ratification among core nations, a positive effect in the semiperiphery, and no effect among periphery nations. This suggests that the impact of mobilization was neither a universal application of global scripts nor simply representative of the broad domination of core nations, but a complex and diverse result of civil society actors embedded in a politically stratified world.

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