Zayad Abd. Rahman
Universitas Islam Negeri Syekh Wasil Kediri, Indonesia

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Isu Kesetaraan Gender dalam Hukum Perkawinan Muhammad Siddieq Al'Amin; Zayad Abd. Rahman
Al-Kindi Vol. 2 No. 3 (2026): Agustus
Publisher : Al-Kindi

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Abstract

This article aims to analyze the issue of gender equality in Islamic marriage law and positive law in Indonesia. The research method used is a literature study with a normative juridical and comparative approach. The findings show that although gender equality has a strong foundation in Islam and positive law, its implementation still faces challenges due to deeply rooted patriarchal cultural norms. Countries such as Tunisia and Morocco have succeeded in carrying out more progressive legal reforms compared to Indonesia and Malaysia, which are still constrained by traditional values. The conclusion of this article emphasizes that reinterpretation of classical legal texts and fiqh is needed so that marriage law is more relevant to contemporary social contexts without losing the fundamental values ​​of justice in Islamic teachings. Collaboration between government, ulama, and society is essential to creating a legal framework that protects women's rights while upholding the principles of justice, compassion, and human dignity.