Discrimination against wife in the perspective of CEDAW and Islam Mubādalah

Asnawi, Habib Sulthon; Ismail, Habib

doi:10.18326/ijtihad.v20i2.253-268

Cited by 10 publications

(5 citation statements)

References 9 publications

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“…Therefore, the current study is divided into three main topics, namely the definition of CEDAW Article 16 specifically, its main provisions, and the accession of Oman to the Convention and commencement, marital The CEDAW is a significant international treaty that ensures the protection and advancement of fundamental rights of women. It aims to prevent and address genderbased discrimination against women (Atrous, 2020;Shulton & Ismail, 2020). In this section, the study will shed light on the most prominent rights, with a special focus on Article 16, as it discusses the aspects of marriage, divorce, and family matters.…”

Section: Resultsmentioning

confidence: 99%

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

Aghbari,

Hassan,

Mamari

et al. 2024

LJIH

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The Sultanate of Oman has acceded to CEDAW in 2005. However, Oman has reservations about a few articles of the said Convention because some of its provisions conflict with Islamic Sharia or Oman's national laws, including Article 16 of CEDAW. Therefore, the objective of this article is to critically analyse Article 16 of CEDAW and the extent to which Oman Personal Status Law addresses marriage and divorce-related issues is compatible or in conflict with the Convention. To accomplish this objective, the research employs doctrinal legal research and an analytical approach to examine the texts of the Convention and their Omani equivalents. The analysis revealed that the courts could enforce the articles of CEDAW to assert rights, except for the provisions that Oman expressed reservations about. Oman has reservations regarding several features outlined in Article 16 of the aforementioned Convention, as they conflict with Islamic Law. The study highlights that the Convention effectively governs certain areas that promote gender equality in family matters, including stipulating that a woman's permission is necessary for marriage and her entitlement to dissolve the marital union by divorce or khulu' under appropriate circumstances. In addition, Oman effectively implements certain provisions of the Convention to strengthen women's rights by modifying domestic legislation. In conclusion, the Oman National Law is consistent with the CEDAW, except for the State's reservations concerning the implementation of Article 16 of the aforementioned Convention.

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Section: Resultsmentioning

confidence: 99%

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

Aghbari,

Hassan,

Mamari

et al. 2024

LJIH

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“…The patriarchal culture has been in place for centuries, it is no longer considered an inequality, in fact this culture has been considered a scientific fact. The facts in society show the existence of a patriarchal culture that result in obligations where men and male thinking are the basis of norms (Busyro et al, 2023;Shulton & Ismail, 2020). The issue of gender equality in Islamic studies is a contemporary issue.…”

Section: Gender Equality Among Husband and Wife: Maintaining Or Shift...mentioning

confidence: 99%

The Indigenous Idea of Gender Equality: Husband-Wife Relationship in the Manuscript of Adābul Mu’āsyarah

Fakhria,

Afyuddin,

Alias

2023

JURIS

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Literacy in pesantren still places women as the second class, especially in the study of women's fiqh or husband-wife relations. This phenomenon has attracted researchers to conduct research on one of the books by Nusantara scholars used by Islamic boarding schools, whether it contains gender equality or not. This research focused on one of the books, Adābul Mu’āsyarah, which describes the ethics of husband and wife relations in fostering a harmonious family. By using a literature study with analytical techniques in the form of content analysis and a gender studies approach, this research found that the contents of this book by KH Yasin Asmuni have provided equal space in household relations between husband and wife. Although it cannot be denied that there are still many patriarchal terms, such as defining women as humans who lack reason and emotion, which makes men superior to women in several ways. This phenomenon of patriarchal understanding has been impacted by several factors, such as the author's background, patriarchal culture and the wave of studies that narrowed a unique case into a general provision. This research is expected to provide references and a new paradigm in describing equal husband-wife relations.

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“…In women's practice regarding current demographic changes, there has been a prevalence of gender-based violence (Asnawi & Ismail, 2020). This has an impact on fundamentalism and feminism on the status and well-being of women.…”

Section: Maqās} Id Sharī'ah Approach With the Lens Of Gender Equalitymentioning

confidence: 99%

Gender Fiqh: Mobilization of Gender-Responsive Movement on Social Media

Nurjanah

Nur

2022

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan

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This study aimed to reformulate the ijtihad of gender-responsive fiqh. Such ijtihad model is needed in order to respond to the developments and dynamics of life in the current contemporary era. Moreover, current social reality and condition are often associated with empowerment of and justice for women. Movements and responses toward women’s issues recently has been occurring quite monumentally on social media. Such movements represent a response toward media development, especially on social media platforms. This literature-based study collected data from literature studies and descriptive critical analysis. Through the critical analysis, this study found an interpretation of gender fiqh ijtihad model initiated through social media platforms.

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Discrimination against wife in the perspective of CEDAW and Islam Mubādalah

Cited by 10 publications

References 9 publications

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

The Indigenous Idea of Gender Equality: Husband-Wife Relationship in the Manuscript of Adābul Mu’āsyarah

Gender Fiqh: Mobilization of Gender-Responsive Movement on Social Media

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