Ahdiyatul Hidayah
Sekolah Tinggi Agama Islam Rasyidiyah Khalidiyah Amuntai, South Kalimantan, Indonesia

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Reconstructing qiwamah: Implications for gender justice in Indonesian Islamic family law Siti Aisyah; Ahdiyatul Hidayah
An-Nisa' Journal of Gender Studies Vol. 16 No. 2 (2023): An-Nisa Journal of Gender Studies
Publisher : Institute for Research and Community Service, Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/annisa.v16i2.181

Abstract

The construction of qiwamah in Islamic family law faces tension as normative male leadership intersects with changing women’s economic and social roles. This condition calls for a reconstruction of qiwamah that connects normative status, responsibilities, spouses’ actual capacities, partnership, and gender justice. This study aims to analyze the construction of qiwamah in Islamic family law and formulate a family leadership framework responsive to the dynamics of contemporary Muslim families. The study employs doctrinal literature analysis and reflexive thematic analysis of the Qur’an, Hadith, Indonesian family law, and academic literature on qiwamah, spousal relations, and gender justice. Data were collected through structured documentary searches and analyzed using deductive inductive coding and source triangulation. The findings show that qiwamah encompasses normative, functional, relational, and accountable dimensions. Three key findings indicate that: (1) husband’s leadership constitutes a functional-accountable mandate expressed through financial maintenance, protection, guidance, and fulfillment of family needs; (2) spousal relations are based on partnership, mutual support, deliberation, reciprocity, and proportional distribution of responsibilities; and (3) qiwamah is normative-functional and complementary-participatory, taking into account social change and spouses’ actual capacities. The study concludes that qiwamah is not merely a gender-based authority but leadership legitimized through responsibility, accountability, participation, rights protection, and family welfare. It contributes an integrative construction of qiwamah that connects Islamic normative foundations, contextual interpretation, and gender justice within contemporary Muslim family leadership.
Warung Jablay practices in Hulu Sungai Utara Regency: A sociology of Islamic law perspective Pahrul Pahrul; Ahdiyatul Hidayah
An-Nisa' Journal of Gender Studies Vol. 16 No. 2 (2023): An-Nisa Journal of Gender Studies
Publisher : Institute for Research and Community Service, Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/annisa.v16i2.184

Abstract

Warung Jablay in Hulu Sungai Utara Regency is an informal business whose economic function intersects with social interactions that some members perceive as contrary to religious and moral norms. This study analyzes Warung Jablay practices from the perspective of the sociology of Islamic law by examining characteristics, factors motivating women to work as attendants, the views of religious scholars and local communities, and the relationship between Sharia norms and social realities. The study employed a qualitative normative-sociological approach. Data were collected through observation, interviews, and documentation, and were analyzed thematically following Braun and Clarke’s procedures. The findings demonstrate that Warung Jablay establishments do not have uniform characteristics. Some operate as food and beverage stalls, whereas others provide additional services and interactions perceived as exceeding the boundaries of permissible trade. Women’s decisions to work there are influenced by economic pressure, limited employment opportunities, limited education and skills, income considerations, and individual agency. Religious scholars and local communities distinguish legitimate trade from interactions they consider to violate norms, although their assessments are shaped by social constructs and stigma toward female workers. The study identifies socio-legal negotiations among economic needs, women’s agency, religious norms, social control, and local regulations. These findings show that Islamic law in a religious society does not operate linearly but is negotiated within local economic structures and social relations. Addressing this phenomenon requires proportionate legal oversight, religious guidance, social protection, skills training, and economic empowerment without reinforcing stigma against female workers.