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All Journal ASAS : Jurnal Hukum Ekonomi Syariah Jurnal Ijtimaiyya SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Islamic Review : Jurnal Riset dan Kajian Keislaman El-Usrah: Jurnal Hukum Keluarga ADHKI: Journal of Islamic Family Law Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Legal Protection for the Partnership Agreement Parties JUSTICIA SAINS: Jurnal Ilmu Hukum Al Maqashidi : Jurnal Hukum Islam Nusantara Mu'asyarah
Nurnazli Nurnazli
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Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Legal Protection for the Partnership Agreement Parties

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The Contestation of Islamic Boarding School Womens's View of Wifes' Rights in Poligamy Nurnazli, Nurnazli; Ahmad, Hashm Omer; Firdawaty, Linda; al Arif, M. Yasin; Akmansyah, Muhammad
Al-Risalah Vol 24 No 1 (2024): June 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i1.1349

Abstract

This study examines the contention around Islamic boarding school women's view of wives' rights in polygamous marriages. It aims to answer academic questions, specifically how and why there is contention among Islamic boarding school women over the rights of wives in polygamy. Furthermore, it also aims to answer what consequences this contestation has for the practice of polygamy, which is common in Islamic boarding schools. This paper is an empirical research that takes a sociological perspective. The analysis is based on Pierre Bourdieu's Cultural Sociology theory. Data were gathered through an interview study with research subjects from five traditional Islamic boarding schools in Lampung Province. The findings of this study show that the contestation of wives' rights in polygamy is influenced by the level of understanding of religious texts and norms, social and economic realities, and the strength of the patriarchal traditions and systems that surround it. Most women are denied the opportunity to fight for their bodily and spiritual rights, both before and after polygamous marriage occurs. Women in Islamic boarding schools recognize that men's supremacy influences the neglect of women's rights in polygamy because their understanding of religious texts is conservative. Women have no bargaining power when their husbands seek to practice polygamy. Conservatives believe that polygamy is a fate and consequence that women who want to marry a caregiver or an Islamic boarding school leader (Kyai) must accept. A moderate perspective necessitates that polygamy be practiced with proportional rights between husband and wife. The repercussions of this contestation have resulted in a better appreciation of the importance of men's and women's rights being proportionate, as well as mutual protection.
Co-Authors Abdul Qodir Zaelani Adawiyah, Robiatin Agus Hermanto Ahmad, Hashm Omer Azizah, Utami Yuliyanti Erina Pane Etika Pujianti Iman Nur Hidayat Khedr, Tamer Saad Ibrahim Kusuma, Kurniawan Putra Liky Faizal Linda Firdawaty M. Yasin Al Arif Muhammad Akmansyah Mujahid, Amin Pratiwi, Anisha Resti Ramlan, H. Riska, Mira Novita Rudi Santoso, Rudi Syamsul Hilal Violensy, Cahyaning Wati, Dewi Setio Zaharah, Rita Zuhraini