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Sa’dan, Masthuriyah
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MENAKAR TRADISI KAWIN PAKSA DI MADURA DENGAN BAROMETER HAM Sa’dan, Masthuriyah
Musawa Jurnal Studi Gender dan Islam Vol. 14 No. 2 (2015)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2015.142.143-156

Abstract

There is a tradition of forced marriage (kawin/nikah paksa) in Madurese society in which young  females are paired up with and married off to young males of their parents choosing. Young women may be promised in marriage when they are still in their mothers’ wombs or in childhood, and the marriage age for girls is generally under the age of 18 years, though there are those who marry between 12-15 years. Regeneration of the ancestral lineage can be seen in several areas in Madura including Bangkalan, Sampang, Pamekasan and Sumenep. Instead of the following the prescriptions of Muhammad, girl children have become ‘victims’ of a culture that discriminates  against them. If seen from a human rights perspective, the tradition of kawin paksa breaches the ethics related to humanity, justice and equality.
JILBAB POLWAN PERSPEKTIF MASHOOD A. BADERIN Sa’dan, Masthuriyah
Musawa Jurnal Studi Gender dan Islam Vol. 13 No. 1 (2014)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2014.131.1-8

Abstract

The case of the veiling of policewomen shook the country last year. Former President Susilo Bambang Yudoyono was  asked to take part in deciding whether policewoman should be allowed to wear the veil when on duty. Kapolri (Chief of Police in Indonesia) made the decision “to allow” policewomen to wear the veil but then revoked the decision after a few days. Of course, there was strong argument. On the one hand, the veil is an obligation  for Islamic policewoman, and it is also a basic right to use the veil or not. However, the problem arises when basic rights are not accommodated by Kapolri.  Mashood A. Baderin offers the doctrine of a ‘margin of appreciation’ in relation to the case of policewomen and the veil in Indonesia. Baderin emphasizes legal dialogue between Islamic law and International Law on Human Rights so that this dialogue between citizens, policewomen and Kapolri can lead from parochialism, violence, and rivalry towards the integrity of law in Indonesia.
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