GENDER EQUALITY IN ISLAMIC FAMILY LAW: Breaking the Chain of Domestic Violence to Achieve Harmonious Family

Cholil, Mufidah; Sudirman, Sudirman

doi:10.15548/jk.v9i2.270

Cited by 6 publications

(7 citation statements)

References 4 publications

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“…Feminist justice in the context of Islamic law involves a comprehensive strategy to tackling gender inequality and advocating for women's rights based on the values of equality, dignity, and justice (Cholil & Sudirman, 2019;Mir-Hosseini, 2019a;Priola & Chaudhry, 2021). Feminist justice aims to confront and change patriarchal understandings of Islamic texts and legal principles that have traditionally oppressed women and limited their ability to act (Barlas, 2019;Ennaji, 2022;Mir-Hosseini, 2019b).…”

Section: Theoretical Frameworkmentioning

confidence: 99%

Towards feminist justice: Reforms and challenges in islamic courts for gender equality and women's rights

Syamanta,

Meiliawati,

Ayu

et al. 2024

Syariat

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This literature study systematically analyzes the endeavor for feminist justice within Islamic courts, with a specific emphasis on initiatives aimed at promoting gender equality and women's rights in cultures predominantly populated by Muslims. Based on an extensive examination of current research, the review emphasizes important discoveries and understandings about how gender interacts with other aspects of identity, including as race, social status, and sexual orientation, in the framework of Islamic law. This highlights the importance of legal changes that aim to improve women's rights under family laws, tackle discriminatory practices, and encourage gender-sensitive decision-making in Islamic courts. The challenges that have been noted include opposition from conservative factions and religious authorities, obstacles inside institutions, and the complex interplay of gender inequity with other forms of discrimination. Future research should prioritize intersectional approaches, collaborative efforts, and inclusive dialogue among feminist scholars, activists, legal practitioners, and religious authorities. These measures are crucial for promoting feminist justice and safeguarding women's rights within Islamic legal frameworks. In summary, the study is a thorough analysis of the latest research and presents significant perspectives for policymakers, practitioners, and scholars who are dedicated to promoting gender equality and women's rights in cultures where Islam is the predominant religion. Research Highlights: Intersectionality in Islamic Legal Contexts: The research highlights the importance of recognizing the intersectionality of gender with other identity markers, such as race, class, and sexuality, within Islamic legal contexts. Understanding how these intersecting forms of oppression shape the experiences of marginalized groups is crucial for promoting inclusive and equitable legal frameworks. Legal Reforms for Women's Rights: It emphasizes the significance of legal reforms aimed at enhancing women's rights within family laws, including measures to grant women greater autonomy, protections against gender-based violence, and access to justice. These reforms are essential for challenging discriminatory practices and advancing gender equality within Islamic courts. Challenges and Barriers: The research identifies challenges and barriers to achieving feminist justice within Islamic legal frameworks, including resistance from conservative factions and religious authorities, institutional barriers, and the intersectional nature of gender inequality. Addressing these challenges requires sustained efforts and collaborative approaches. Call for Continued Advocacy: The research underscores the need for sustained efforts towards reform and advocacy to address challenges and barriers in advancing feminist agendas within Islamic legal frameworks. Continued collaboration and dialogue between stakeholders, including feminist scholars, activists, legal practitioners, and religious authorities, are essential for promoting gender equality and women's rights within Muslim-majority societies.

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Section: Theoretical Frameworkmentioning

confidence: 99%

Towards feminist justice: Reforms and challenges in islamic courts for gender equality and women's rights

Syamanta,

Meiliawati,

Ayu

et al. 2024

Syariat

View full text Add to dashboard Cite

show abstract

“…Hal ini berjalan selama berabad-abad, "hukum alam" ini menetapkan kaum perempuan sebagai komunitas kelompok kelas dua (the second rate communities) secara sosial, kaum ini lebih rendah dari laki-laki dan mereka harus tunduk kepada kekuasaan laki-laki dan hegemoni mereka demi kelancaran dan kelestarian kehidupan keluarga (Tahir, 2016). Di samping itu, dikarenakan dalam kehidupan bermasyarakat sering kali mendapatkan diskriminasi baik dalam kehidupan pekerjaan, relasi suami istri atau dalam tataran kehidupan bermasyarakat (Cholil & Sudirman, 2019).…”

Section: Pendahuluanunclassified

“…Padahal, jauh sebelum ini agama Islam telah mengakui hak-hak kaum perempuan di banyak teks agamanya. Islam membawa prinsip keadilan sosial bagi kelompok-kelompok yang lemah, dan kaum perempuan masuk dalam barisan ini (Cholil & Sudirman, 2019). Salah satunya adalah dalam QS.…”

Section: Pendahuluanunclassified

Menelisik Hak-Hak Perempuan

Munawaroh

Suryani

2020

Journal Kafa`ah

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This paper analyzes women's rights in the thematic interpreter of Surat al-Nisā'. One of the surahs of the Qur'an which uses the name al-Nisā' and is enshrined by Allah as one of the Surahs of the Qur'an. Surat al-Nisā' means "the women" is a form how Islam respect to women. The name of this surah is "the Women" because the discussions about womanhood are more discussed in this surah than in other surahs. The thematic interpretation of this surah is so important, because this surah is targeting the issues of women who are usually regarded as the marginalized part. The method used is to use a thematic interpretation method, as one form of contemporary interpretation method with the use of classical references such as the books of Tafsīr bil Ma'tsūr about Sura al-Nisā'. The results of this study explain that there are many rights related to women in Surat al-Nisā': equality rights with men are a central issue in this surah. In addition, there are other women's rights: the right to choose a spouse and the right to inherit and fair treatment. These rights were existed long ago in the beginning of Islam, at a time when women's rights were castrated, not even seen as noble creatures when compared to men.

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“…One of the significant principles in Islamic family law is the concept of 'Nikah' (marriage contract). The Nikah is a solemn covenant between a man and a woman, with the aim of establishing a stable and harmonious family structure (Cholil & Sudirman, 2019). The consent of both parties is crucial, and the contract includes specific terms and conditions agreed upon by the couple.…”

Section: Introductionmentioning

confidence: 99%

Explore the Foundations and Principles of Islamic Family Law

Sofiandi,

Irwansyah,

Wiranti

et al. 2024

ays

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The aim of this research is to explore the foundations and principles of Islamic family law. The method used by the researcher is a qualitative research method with a library study type of research. This type of literature study research is used to explore an in-depth understanding of a topic or phenomenon by analyzing relevant literature and sources, which in this research is related to exploring the foundations and principles of Islamic family law. As for data, it is obtained through study and analysis of various references such as books, scientific journals, articles and other documents related to the topic being researched and then researchers draw common threads and conclude from the findings and research studies. The results of this research show that the literature study on exploring the foundations and principles of Islamic family law provides a comprehensive overview of the multifaceted nature of this legal framework. Rooted in the Quran and the Sunnah, Islamic family law encompasses principles related to marriage, divorce, child custody, inheritance, and broader ethical considerations. The literature reflects the ongoing efforts of researchers to analyze and interpret Islamic legal sources, shedding light on the adaptability of Islamic family law to different cultural and social contexts. As scholars continue to explore and debate various aspects of Islamic family law, the literature serves as a valuable resource for understanding the principles that govern family life within the Muslim community and their implications for individuals, families, and societies at large.

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GENDER EQUALITY IN ISLAMIC FAMILY LAW: Breaking the Chain of Domestic Violence to Achieve Harmonious Family

Cited by 6 publications

References 4 publications

Towards feminist justice: Reforms and challenges in islamic courts for gender equality and women's rights

Towards feminist justice: Reforms and challenges in islamic courts for gender equality and women's rights

Menelisik Hak-Hak Perempuan

Explore the Foundations and Principles of Islamic Family Law

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