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All Journal Journal of Family Law and Islamic Court Legitima: Jurnal Hukum Keluarga Islam
Rohmawati
Universitas Islam Negeri UIN Sayyid Ali Rahmatullah Tulungagung
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Power Relations and Women's Strategies in Accessing Property from Unregistered Marriages in Indonesia: A Socio-Legal Analysis Rohmawati; Muhamad Arifin; Ahmad Gelora Mahardika; Dewi Isna Tsamrotu F
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.9024

Abstract

Purpose – The practice of marriages that are not officially registered with a state institution continues to shape contemporary debates on Islamic family law in the Global South, particularly regarding women’s legal status, access to marital property, and inheritance rights. In many Muslim societies, women involved in unregistered marriages face structural barriers in asserting their economic rights, despite the availability of state legal mechanisms intended to provide recognition and protection. Methods - This study employs a socio-legal approach with a gender perspective. Data were collected through in-depth interviews with women who have been or are currently in unregistered marriages, informant observation, and documentation.  Findings - The results of the study indicate that men dominate women in the ownership and management of property, reflecting unequal power relations. In response to these conditions, women have developed two forms of resistance strategies. The public transcript is expressed through confrontational means such as direct demands or legal actions via marriage validation. In contrast, the hidden transcript involves a non-confrontational approach that emphasizes the use of social and familial values. The results of the study demonstrate that women's strategies for accessing property in unregistered marriages are shaped by legal awareness, social dynamics, and local power structures. Limitations - This study emphasizes the female perspective, which can then be explored further through the male perspective in order to obtain a complete picture of the problem of access to property and understanding of male domination. Originality/value - This study fills a gap in the still-limited body of research linking the practice of unregistered marriages to women’s agency strategies rooted in local contexts, while also making a theoretical contribution by enriching the socio-legal perspective on forms of women’s resistance within informal legal structures and power relations.
Abortion at Any Gestational Age for Rape Victims: A Feminist Legal Theory Perspective (A Study of the Fatwa of the Indonesian Women’s Ulema Congress) ilma_mufidatul05 Ilma Mufidatul Khusna; Rohmawati; Norsuhaida Binti Che Musa
Journal of Family Law and Islamic Court Vol. 4 No. 2 (2026): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/mbwekb26

Abstract

The gestational age limit for abortion for rape victims is a sensitive and problematic issue in Indonesian law. Restricting legal abortion to a maximum of 14 weeks may fail to deliver substantive justice for victims enduring severe physical and psychological trauma. Such trauma often delays disclosure, reporting, and access to reproductive health services, making the statutory time limit ineffective and potentially harmful. In contrast, Fatwa No. 07/MK-KUPI-2/XI/2022 by the Indonesian Women's Ulema Congress (KUPI) permits abortion for rape victims at any gestational stage as a form of protecting life and restoring women's reproductive rights. This study analyzes the legal basis and reasoning behind the KUPI fatwa and examines its relevance through Niken Savitri's Feminist Legal Theory. Using library research, it examines the KUPI fatwa as primary data, supported by statutory regulations, Islamic legal literature, and feminist jurisprudence. Findings show the KUPI fatwa integrates victims' lived experiences into Islamic legal reasoning and emphasizes life protection. It recognizes women's distinctive needs and experiences related to reproductive rights, which differ from men's. The fatwa seeks to protect pregnant rape victims by prioritizing their safety, health, and bodily autonomy, allowing abortion at any stage according to individual circumstances and psychological conditions. This study contributes significantly to strengthening Islamic legal discourse from a gender justice perspective, demonstrating that a legal approach grounded in women's experiences can offer a robust alternative foundation for developing more humane, just, and victim-responsive public policies for survivors of sexual violence.
Co-Authors Ahmad Gelora Mahardika Dewi Isna Tsamrotu F ilma_mufidatul05 Ilma Mufidatul Khusna Muhamad Arifin Norsuhaida Binti Che Musa