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All Journal Gender Equality: Internasional Journal of Child and Gender Studies
Lestari, Chadijah Rizki
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Social Sciences

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Harmonizing law and faith: The validity of female instrumentaire witnesses in notarial deeds and the principle of gender justice Effendi, Basri; Qasthary, Auzan; Angkasa, Muhammad Akbar; Lestari, Chadijah Rizki
INTERNATIONAL JOURNAL OF CHILD AND GENDER STUDIES Vol 11 No 2 (2025)
Publisher : UIN Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/equality.v11i2.31950

Abstract

The issue of female instrumentary witnesses in notarial deeds is significant due to differing perspectives between Indonesian positive law and Islamic law. The Notary Office Act (UUJN) does not differentiate witnesses based on gender, as long as they are adults, legally competent, and independent. In contrast, some classical Islamic views consider women’s testimony in muamalah matters to be worth half that of men, as stated in Surah Al-Baqarah verse 282. This raises questions regarding the validity of notarial deeds involving female instrumentary witnesses. This study employs a normative juridical method with a conceptual approach through library research, including UUJN, the Qur’an, classical exegesis, and academic literature. The analysis is qualitative with deductive reasoning, comparing positive legal norms and Islamic law, while also interpreting their relevance through the principle of maqashid al-shari‘ah. The findings show that under Indonesian positive law, a notarial deed remains valid even with female witnesses, since the key requirement lies in legal competence rather than gender. Meanwhile, classical Islamic law restricts women’s testimony, but contemporary interpretations grounded in maqashid al-shari‘ah emphasize justice and equality, thereby granting women equal standing in giving testimony. In conclusion, the use of female instrumentary witnesses in notarial deeds does not contradict Indonesian positive law or contemporary Islamic legal principles. This study highlights the importance of harmonizing national law and Islamic law so that Indonesia’s legal system can be more responsive to justice and gender equality values.
Legal protection and gender justice in post-divorce child custody in Aceh Khairani, Khairani; Lestari, Chadijah Rizki; Rosmawati, Rosmawati; Faradiz, Naqia Annissa
INTERNATIONAL JOURNAL OF CHILD AND GENDER STUDIES Vol 12 No 2 (2026)
Publisher : UIN Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/equality.v12i2.35010

Abstract

The paper discusses the legal protection and gender justice in the case of child custody after divorce in Aceh, Indonesia. In this study, a qualitative socio-legal approach was employed to explore the causes and consequences of custody disputes, legal protection practices, judicial considerations, gender dynamics and institutional responses. The data were collected using in-depth interviews and document analysis. The participants were 12 people in Banda Aceh, Aceh Besar and Pidie, consisting of divorced parents, judges, lawyers, mediators and advocates of child protection. The data were analyzed by thematic analysis. Findings revealed that economic hardship, domestic conflict and breakdown of communication were the major reasons for divorce and subsequent custody problems. The long-term parental conflict was found to be detrimental to the psychological and emotional health of children resulting in emotional insecurity, behavioral instability and loyalty conflicts between parents. Courts often took into account the best interest of the child, but post-divorce parenting arrangements often fell prey to patriarchal norms, with mothers usually regarded as the primary caregivers and fathers as the financial providers. Enforcement of child support obligations and other legal protection mechanisms remained inconsistent, particularly regarding meeting children's educational, health and psychosocial needs. The focus was on mediation, institutional co-operation and reducing parental conflict and strengthening child-centred protection. This study concludes that the post-divorce situation in Aceh in terms of child protection and gender justice needs gender-sensitive legal approaches, better implementation of parental responsibilities, available psychosocial support, and coordinated institutional collaboration.
Co-Authors Angkasa, Muhammad Akbar Auzan Qasthary EFFENDI, BASRI Faradiz, Naqia Annissa Khairani Khairani Rosmawati Rosmawati