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All Journal Jurnal Indo-Islamika Indonesian Journal of Islam and Muslim Societies
Euis Nurlaelawati
UIN Sunan Kalijaga Yogyakarta
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Menuju Kesetaraan dalam Aturan Kewarisan Islam Indonesia: Kedudukan Anak Perempuan versus Saudara Kandung Euis Nurlaelawati
JURNAL INDO-ISLAMIKA Vol 2, No 1 (2012)
Publisher : JURNAL INDO-ISLAMIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/idi.v2i1.1653

Abstract

As response to the demand on women’s legal development, through the KHI Hukum Islam, Indonesia introduced a number of legal reforms on familial issues, including inheritance. Several legal reforms on inheritance issues include the rule of ahli waris pengganti, the rule of wasiat wajiba (obligatory bequest), and the rule of the share of daughters versus collaterals. These novel rules were introduced as to meet the demands of both solving contemporary legal issues and of empowering women to put them in equal position as men. This paper discusses the detailed rule on the share of daughter(s) when meeting collaterals in the case of inheritance as put forward in the KHI and its departure from the classical legal doctrines as found in fiqh texts. Using both bibliographical and field researches, which involve interviews with several judges and observation on judges’ decisions, this paper discovers that some judges continued to refer to classical legal doctrines and neglect the rule in the KHI. It also displays that there have been debate on the rule within both judges and legal scholars, demonstrating that the rule does not have firm legal Islamic rationale.    
Interpreting ‘bulugh’: enhancement of women’s right through management of marriage within salafi community in Wirokerten Yogyakarta Fatum Abubakar; Euis Nurlaelawati; Ahmad Bunyan Wahib
Indonesian Journal of Islam and Muslim Societies Vol 12, No 1 (2022): Indonesian Journal of Islam and Muslim Societies
Publisher : IAIN Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijims.v12i1.139-163

Abstract

This article discusses Salafi Wirokerten women and the enhancement of their status and rights through management of marriage and interpretation of bulugh (legal maturity for marriage). It therefore observes the practice of marriage within Salafi women in term of age and their attitudes toward their own manhaj. It also seeks to see the Salafi’s attitude in general toward the state law of marriage. The materials of this article were obtained from ethnographic investigation that was conducted in a Wirokerten village in Banguntapan sub-district of Yogyakarta in 2018-2019 through interviews, participatory observations, group discussions. Deploying anthropological approach this article finds that Salafi women have notions to improve their rights, and they stress the importance of the maturity of religious knowledge. This article also argues that Salafi women identify themselves as Salafi agents by transforming authority to gain manhaj recognition of marital management as a source of strength and empowerment. In addition, it concludes that Salafi women have an important role in bridging relations of the Salafi manhaj with the state and that while negotiating state law with their own manhaj, they often need to refer to Islamic doctrines to base and strengthen their position. They refer not only to Islamic teachings but also propagate narratives of the significance of study and of being knowledgeable to do and thus to marry.
Co-Authors Ahmad Bunyan Wahib Fatum Abubakar