GENDER ANALYSIS IN CONTEMPORARY ISLAMIC DISCOURSE: INTEGRATION OF METODOLOGY APPROACH

Islamic law is a dynamic system because it is facilitated by several flexible methodologies. At present, there are various types of problems in Muslim societies which are the results or implications of the development of science and technology, and also the results of changes that occur in the structure of society. To deal with this reality, an integrated contemporary approach must be applied in the process of Islamic law research. Therefore, this article will try to outline an integrated approach to unite and integrate theories in Islamic law with social research methods. Basically, there are several models that have been introduced by several scholars relating to this integrated approach. All models have their strengths and weaknesses in this integrated approach. This article attempts to analyze the integration of Islamic legal theories with the methods of gender analysis and their relationship to the methods of social criticism. This is related to the problems in fiqh related to polygamy which are always debated until now and also to analyze the application of practices in the social and contemporary conditions of our society.

GENDER EQUALITY FOR WOMEN VICTIMS OF VIOLENCE IN HOUSEHOLD

Discrimination against women is a problem that often occurs in almost all levels of society, even in most parts of the world. This study aims to determine the understanding of gender equality and how the results of the analysis to reduce violence and provide justice for women in Indonesia. The method used is field research by collecting data, conducting interviews, and analyzing documentation data. Gender is not a movement that fights for women's destiny, on the contrary, it is a movement that erases maternal instincts from women by separating the natural and non-natural roles. Thus, gender is not just a term but a doctrine feminist that erases human nature.

INDONESIAN JUSTICE LEGAL POLITICS POST AMENDMENT OF 1945 CONSTITUTION

The essence of change in the field of justice after the amendment is a change in the system of judicial power at the constitutional and statutory levels. The creation of new supreme judicial institutions namely the Constitutional Court, in addition to the Supreme Court as the bearer and executor of the highest judicial powers in the presence of an independent Judicial Commission and cannot be separated from the powers of the judiciary. Legal politics that gave birth to the Constitutional Court Institution in its scope of duties and authority has played a large and important role in the goal of realizing justice. The Judicial Commission in its duties and authorities can substantially improve law enforcement in the environment and justice within the Supreme Court by proposing the appointment of a Chief Justice to the House of Representatives (DPR). The Supreme Court made progress with the issuance of Guidelines for the Implementation of Oversight within the Judiciary and the Joint Decree of the Chair of the Supreme Court and the Chair of the Judicial Commission on the Code of Ethics and the Code of Conduct for Judges. The Constitutional Court and Judicial Commission in its position as a high state institution with a strict division of tasks and authority has played a role in the creation of checks and balances mechanisms.

FACTORS IN RELIABILITY AS A REASON TO POLYGAMI ACCORDING TO ISLAMIC LAW AND POSITIVE LAW

The dynamics of polygamy are not uncommon to talk about, considering that polygamy is widely practiced by the public and the actions of polygamy are not in accordance with the existing laws and regulations or laws in Indonesia. Many actions of polygamy violate the existing rules, one of which is the existence of marriage outside the KUA conducted secretly. A family will never achieve happiness in the world without the descendants born from the bond of marriage. Indonesia is one country that is able to see and interpret the actions of polygamy that occur outside the court or without the knowledge of the first wife. This is triggered by the desire of a husband who wants to polygamy or gets married for the second time. Talking about a marriage that is not always happy, can even bring a disaster, both on the part of a wife and a husband. One way is to get offspring from the marriage. In scientific studies that will be the focal point is about the reason for a husband to carry out acts of polygamy, both in Islamic provisions and in the provisions of the law. The method in scientific studies here uses qualitative methods with normative juridical research types and the nature of descriptive analysis research, as well as using an inductive thinking framework.

DIVORCE BEYOND THE COURT OF RELIGION FOR HIGHER EDUCATION (GRADUATE)

The background in this study is divorce outside the Religious Courts conducted by couples who have a history of higher education (bachelor). In-Law Number 1 of 1974 Article 39 and Compilation of Islamic Law Article 115 which states that "Divorce can only be carried out before a Religious Court hearing after the Religious Court has tried and failed to reconcile the two parties". The existence of these laws and regulations applies to all Indonesian citizens who are Muslim. Although it has been explicitly explained in the legislation regarding the necessity of divorce before a court hearing, in reality, the law is still ignored. Just like what happened in Renah Sungai Ipuh Village that the people in this village are still conducting divorce outside the court, from the data obtained by the author from 2013-2017 there were 24 couples who had divorced outside the Religious Court and 7 pairs of the perpetrators of the divorce were couples who have a high educational history (bachelor). The method used in this research is to use qualitative methods, namely analyzing the data that has been obtained. The conclusion of this research is first, that the causes of divorce outside the Religious Courts are 1. because they follow customs, 2. because they want to maintain their good name, 3. because of coercion from parents and 4. because the litigation process is too long and difficult. Second, the response of BP4 to the practice of divorce outside the Religious Courts, BP4 felt very concerned about the condition of the community who did not want to register their divorce in the Religious Courts, this BP4 has carried out its duties and functions to the maximum extent but has not been successful.

REACTION OF ULAMA ON FATWA CONTEMPORARY YUSUF AL-QARADHAWIY ABOUT SUICIDE BOMBING

Fatwa Yusuf Al-Qaradhawiy about "Suicide Bombing" was born to respond to the bombing of istisyhaad "looking for shaheed" several times. In this case, Yusuf Al-Qaradhawiy said that using bombs as a tool and weapon that can kill enemy forces even your self is in the context of facing the enemy of Allah who is strong and sophisticated in his weapons where he relies on several arguments that include both the text of the doctrine (pen. Nash) or according to reason. The methodology used by Yusuf Al-Qaradhawi in his fatwa is to use the iqtihad intiqa’i method. This fatwa is for Qardhawiy indeed in the context of defending religion by taking into account at least three conditions namely First, knowing that the war that he followed was a war that was prescribed in religion (masyru'iyah). Second, jihad is carried out by the order of the leader (imam). Third, consider every action to be saved (not killed). Therefore there is no word of surrender or submission to be killed easily by unbelievers.

CONSIDERATION OF THE MATARAM RELIGION JUDGES IN DETERMINING THE LEVEL OF MUT'AH AND NAFKAH IDDAH IN DIVORCE (TALAK) CASE, (Case Analysis No. 0041/Pdt.G/2018/Pta.Mtr and No. 0081/Pdt.G/2018/Pta.Mtr)

Judges' considerations often do not provide satisfaction and do not provide a sense of justice to the parties. The decision of the judge of the Religious High Court is considered the final place, although it can submit an appeal to the Supreme Court which is the highest institution in the area of ​​the religious court, so the researcher raises this title and formulates the problem that is the direction of the research. This study aims to find out how the judge's judgment and whether the judges of the Mataram High Court in determining the level of mut’ah and livelihood in the divorce case have fulfilled the principles of justice, usefulness, and legal certainty. The type of research used is qualitative research. Data collection techniques use study decisions, documentation, and interviews. In addition, the data obtained are informants' information, documentation, and are not numbers. Based on the results of the study, the results obtained are as follows: 1) The consideration of the judges of the Mataram High Court in determining mut’ah levels and iddah livelihoods on divorce cases is observing from work, income, wife who is not incoherent and also to the old wife accompany her husband in fostering a family. 2) whereas regarding the decision of the judges of the Mataram High Court in determining the level of mut’ah and livelihood of the iddah in divorce cases the principles of justice and legal usefulness has not yet been fulfilled, the judge is more focused on the principle of legal certainty and the fulfillment of rights and obligations. However, the amount determined is not in accordance with the sense of justice and certainly will not be fulfilled. In its decision, the judge saw the Law, Compilation of Islamic Law (KHI), Islamic Sharia (Al-Qur'an and Hadith), Perma Number 03 of 2017, and Circular of the Supreme Court of Republic of Indonesia Number 1 of 2017.

MARRIED AL-GHAZALI PERSPECTIVE STUDY CONCEPT AND STRATEGY

Studying Al-Ghazali's thoughts about the concept of marriage is very interesting, at least due to two things, First Al-Ghazali individually is an Islamic scientist in almost all disciplines, his title as Hujjatul Islam is a form of indisputable recognition, Secondly, Concept Al-Ghazali concocting the concept of marriage does not stop at the legal dimension, but is framed with ethics on how to realize a substantial vision of marriage, so that the concept of marriage that is built has a spirit of change towards happiness. The concept of marriage offered by Al-Ghazali is expected to be able to realize social transformation in the community. According to Al-Ghazali Creating a harmonious and lasting family must go through three stages, the first is the pre-marital stage which includes the development of motivation and selection criteria. The criteria are divided into two halal criteria and ideal criteria (eligibility). Second, Post-Marriage, In Post-Marriage Proportional interactions are the key to harmony among the interactions that must be considered by the couple is, Holding Walimah. Be Understanding of Spouse, Husband must give time to rest, recreation and fun to his wife, Husband must maintain authority by being assertive, Proportional in Jealousy, Proportional in Living, Teaching Religious Law to the Family, Caring for Jima'. Third, the resolution of problems in the household must be wise. In general, the concept of marriage of Al-Ghazali is built on the principle of Proportionality, so the key to building harmony and household integrity is on Proportionality in interactions with spouses.

RECHTSVINDING METHOD OF JUDGES IN FILLING LEGAL EMPTY "STUDY OF APPROACHES IN LEGAL DISCOVERY"

One of the important stages in the world of justice is the stage of legal discovery by judges to resolve cases that are being disputed. Many new cases emerge and escape from existing legal rules resulting in a legal vacuum, while judges must not refuse to examine, try and decide on cases that come to them on the grounds of lack of law or unclear regulation. Judges are required to find the law in resolving disputes. On the other hand, the implementation of procedural law shows a formalistic, positivistic, and textualist image, and the condition is assumed to be a part that contributes to the method of legal discovery by judges and the quality of decisions produced. In a pluralistic state of law such as in Indonesia, of course, the legal discovery of justice must be based on the perspective and method of studying legal science. The study must not stop let alone rely only on the perspective of positive legal ansicht. It is important for judges to accommodate perspectives, approaches, theories, rules, and other legal norms such as Islamic Law with the Istinbath Al-Ahkam method and Customary Law with their very varied and characteristic views on the law. The comprehensive review is expected to have an impact on the inclusiveness of judges in harmonizing all approaches and legal systems that apply in their decisions and does not consider the position of the text of the legislation to be final and free from penetration of the interpretation of reason that develops in accordance with the behavior of the community, which is very dynamic.

CONSISTENCY OF JUSTICE IN RELIGION DEFENDING WOMEN'S RIGHTS

In a responsive legal framework, insistence on legal change is a natural thing, because the law should be seen as a rule that is closely linked to social reality. The existence of changing social realities, usually followed by a sense of justice that changes society and the law should also change. The reality of community life, especially relations between men and women, has changed from time to time. This is influenced by many things, including economic development, technology, education, and law.