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POLIGAMI: ANTARA LEGALITAS FORMAL DAN LEGALITAS BUDAYA (Studi Kasus Praktek Poligami Kyai Pesantren di Probolinggo Jawa Timur) Musarrofa, Ita
Al-Mawarid Jurnal Hukum Islam Vol 14 (2005): Pembaharuan Hukum Keluarga di Indonesia: Urgensi, Kontroversi dan Solusinya.
Publisher : Islamic University of Indonesia

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Law is not only as a tool of social control but also as that of social engineering. As a tool of social engineering, law can be conducted to direct and change society, so did the restrictive decision regarding poligamy of Act No. 1 year 1974. The goal of this act is to direct and to regulate poligamy to become responsible and regularly. The main problem in this context is is it possible the restrictive can be conducted by society effectively while the phenomemon of poligamy tends to contrary to this act? The result of this researh revealed that the restrictive decision of poligamy of this act in term of the effectivity, the community of kiyai of pesantren at Probolinggo East Java, this act did not run effectively. This means that is not in accordance with the act. This happens because of internal motivation of kiyai factor and external or culture as supported factor.

PORNOGRAFI DAN PORNOAKSI DI ANTARA KERAGAMAN NILAINILAI BUDAYA Musarrofa, Ita
Al-Mawarid Jurnal Hukum Islam Vol 15 (2006): Fiqh dan Kontroversi Seputar Legislasi Pornografi dan Pornoaksi
Publisher : Islamic University of Indonesia

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Nowadays the member of Indonesian Senate discuss about the proposed academic manuscript regarding pornography and pornoaction. And this act becomes priority over that of other regulation. But, the articles of the act emerge controversies. The controversies because of the plurality of Indonesian cultures. The question is how the differences of cultures influence on society perspective concerning pornography and pornoaction. According to the writer of the following article it needs to be reflecting the relation between morality and law in Indonesia, including the act of pornography and pornoaction. Kata kunci: pornografi, pornoaksi, kontroversi, moral, dan budaya.

Islam dan Masa Depan Hak Asasi Manusia Menurut Abdullah Ahmed Al-Naâim Musarrofa, Ita
al-Daulah: Jurnal Hukum dan Perundangan Islam Vol 3 No 2 (2013): Oktober 2013
Publisher : Prodi Siyasah Jinayah (Hukum Tata Negara dan Hukum Pidana Islam) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Abstract: The reality of the modern world necessitates a Muslim to rethink about how to be a Muslim in the middle of the interdependence of security, politics, social and culture. This makes Abdullah Ahmed al-Naim, a Sudanese Muslim intellectual, be restless. The provision of international legal guarantees for the implementation of the collective right of every nation to self-determination make Muslims play the majority of mobilizing their identity in the form of an Islamic state and the implementation of shariâah itself. However, the affirmation of the collective right to self-determination must be placed within the framework of providing justice for all citizens regardless of sex, race and religion. Herein lies the problem of the implementation of Islamic shariâah. It is because in some cases, the implementation of Islamic shariâah actually violates Human Rights, especially the rights of women and non-Muslims. Al-Naim seeks a peaceful path that Human Rights which established by the United Nations gets the legitimacy of Islam, so that the implementation of the collective right to self-determination by Muslims is not contrary to the values of Human Rights that have been declared universally.Keywords: Human rights, universal, shariah, Abdullah Ahmed al-Naim

ANALISIS WACANA KRITIS TERHADAP FATWA BAHTSUL MASAâ€™IL TENTANG PEREMPUAN Musarrofa, Ita
ULUL ALBAB Jurnal Studi Islam Vol 18, No 2 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

This article examines the fatwa of Bahtsul Masaâ€™il on women using Critical Discourse Analysis. Two matters of research problem is how Bahtsul Masaâ€™il fatwa on women and how the Critical Discourse Analysis of the fatwa Bahtsul Masaâ€™il about women. There are twelve fatwa on women decided by Bahtsul Masaâ€™il forum, seven of which talk about the role of women in the public world. They were analyzed using Critical Discourse Analysis framework involving three levels of analysis, namely text, social cognition and context. Texts of Bahtsul Masaâ€™il decision on women represent women as being vulnerable to libel and can bring slander. Women are also represented as weak creatures who need supervision and protection of men. Fatwa text that is bias arises from the procedure of making fatwa which highly favor the yellow book. While the yellow book itself tends to put women in the private sphere and look down on women. In addition, the frame of the community producing Bahtsul Masaâ€™il fatwa (religious leader and religius students) are also the result of the internalization of norms and values of yellow book as the idol at the pesantren. In context level, the fatwa which tends to give a negative identity toward women is born out of the context of the patriarchal society.

Penerapan Syariah dan Implikasinya Terhadap HAM (Studi atas pemikiran Abdullahi Ahmed An Naim Musarrofa, Ita
Dialogia: Jurnal Studi Islam dan Sosial Vol 6, No 2 (2008): DIALOGIA JURNAL STUDI ISLAM DAN SOSIAL
Publisher : IAIN Ponorogo

Abstrak

BIARKAN PEREMPUAN BICARA: ANALISIS KEKUATAN METODE LIFE HISTORY DALAM MENGHADIRKAN PENGALAMAN DAN PENGETAHUAN PEREMPUAN DALAM PENELITIAN ANN GOETTING Musarrofa, Ita
Sawwa: Jurnal Studi Gender Vol 14, No 1 (2019): April
Publisher : Pusat Studi gender dan Anak (PSGA) Universitas Islam Negeri Walisongo Semarang

Women's experience and knowledge are two substantive things that must be a concern in order to reconstruct the reality of women, in order to overcome the bias of the roles of men and women in life. This paper aims to examine subjective methods that are able to see the reality of women from the lens of women's experience and knowledge so that women have strategic value in their own lives. This study uses field research methods, with data collection techniques from a variety of narratives of women's life history narratively with life history data analysis techniques. This study produces findings that the method of life history is able to identify the subjective experiences of women in constructing their own reality, based on the root experiences of violence that befell them. Second, women's experiences and knowledge about violence can be utilized as a conscious effort to deal with violence, dare to speak out injustice, and rise from the violence they experienced.

PERATURAN BUPATI ROKAN HULU PROVINSI RIAU NOMOR 5 TAHUN 2016 TENTANG KEWAJIBAN MENGIKUTI KURSUS PRA-NIKAH Zahrotul Firdaus; Ita Musarrofa
AL-HUKAMA Vol. 7 No. 2 (2017): Desember 2017
Publisher : State Islamic University (UIN) of Sunan Ampel

This article examines the review of Islamic law against regulation of Rokan Hulu District No. 5 of 2016 on pre marriage course. Regent’s regulation No. 5 of 2016 on pre-marriage course is seen under the maslahah mursalah theory. With the course, the prospective husband and wife already have a lot of supplies to deal with various problems that will arise in the future. In addition, the prospective husband and wife are more stable to get marriage because they have already got a lot of knowledge and motivation from pre-marriage courses held by the government of Rokan Hulu Regency. This program also contains elements of avoiding damage, namely divorce which will have a bad consequence for the offspring. Divorce is expected to be avoided by having sufficient knowledge about domestic life, especially the rights and obligations of husband and wife. Besides using maslahah mursalah, this study also uses the theory of saddu al-dzari'ah. The high divorce rate in Rokan Hulu regency is due to several factors, namely the increasingly sophisticated information technology that facilitates infidelity, the unpreparedness of the bride and groom to receive 100 % of their partners post-marriage, economic factors, the lack of knowledge about marriage and the lack of religious education. The various reasons above, especially the problem of the lack of knowledge about marriage can be closed and avoided by the existence of intense marriage supplies. One of the debriefings could be through a pre-marriage course program held by the Regent of Rokan Hulu.

Analisis Yuridis Pandangan Hakim Pengadilan Agama Sukoharjo Terhadap Pelaksanaan Putusan Tuntutan Nafkah Pasca Cerai Salsabeela Adnya; Ita Musarrofa
AL-HUKAMA Vol. 7 No. 2 (2017): Desember 2017
Publisher : State Islamic University (UIN) of Sunan Ampel

The application of divorce granted by the Religious Court in its verdict will result in legal consequences, ie the ex-wife is entitled to get mutâ€™ah and post-divorce living (except for the ex-wife before conducting sexual intercourse). But, the fact is not always like that. Without legal awareness from the ex-husband, legal certainty for the ex-wife will not be realized and hindered in the effort to get her rights, in the form of mut'ah and post-divorce living. The effectiveness of the execution of the verdict is also influenced by the active role of the judge ordering the ex-husband to provide his ex-wife before the vow of the divorce is read. Although there are not laws governing it, but the Judges of the Religious Court of Sukoharjo conducted legal discovery in accordance with the principles of civil procedure law. The solution to the payment of subsistence payment before being read by the pledge of divorce is a manifestation of legal certainty as stipulated in Article 5 paragraph (1) of Law Number 48 Year 2009 on judicial power. The judge should maximize the role to advise the ex-husband so that his willingness to carry out the contents of the verdict and postpone the reading of the pledge of divorce before the ex-husband fulfills the decision (paying post-divorce living).

Biarkan Perempuan Bicara: Analisis Kekuatan Metode Life History dalam Menghadirkan Pengalaman dan Pengetahuan Perempuan dalam Penelitian Ann Goetting Ita Musarrofa
Sawwa: Jurnal Studi Gender Vol 14, No 1 (2019): April
Publisher : Pusat Studi gender dan Anak (PSGA) Universitas Islam Negeri Walisongo Semarang

Women's experience and knowledge are two substantive things that must be a concern in order to reconstruct the reality of women, in order to overcome the bias of the roles of men and women in life. This paper aims to examine subjective methods that are able to see the reality of women from the lens of women's experience and knowledge so that women have strategic value in their own lives. This study uses field research methods, with data collection techniques from a variety of narratives of women's life history narratively with life history data analysis techniques. This study produces findings that the method of life history is able to identify the subjective experiences of women in constructing their own reality, based on the root experiences of violence that befell them. Second, women's experiences and knowledge about violence can be utilized as a conscious effort to deal with violence, dare to speak out injustice, and rise from the violence they experienced.

Mekanisme Kekerasan terhadap Perempuan dalam Rumah Tangga Perspektif Teori Kekerasan Simbolik Pierre Bourdieu Ita Musarrofa
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 2 (2015)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2015.49.2.458-478

This article examines the theoretical perspective of Pierre Bourdieu, a French sociologist, in uncovering the mechanisms of domestic violence against women. Bourdieu initiated the theoretical tools, such as the theory of habitus, capital, arena, violence and symbolic power that can be used to dismantle the mechanisms of violence against women in the household. The occurrence of various forms of domestic violence against women, according to Bourdieu's theory, cannot be separated from the symbolic violence that became the basis for the formation of other types of violence, such as physical, psychological, economic, and sexual violence. Symbolic violence is violence in its most refined. This Violence is working through language symbols for herding them who is dominated to follow the meaning that are produced based on the interests of the dominant. This violence occurs due to the use of habitus that placing women as second-class beings in society and the women poverty off our composition of capital that should be played in the domestic arena, i.e. economic, cultural, social and symbolic capital. This violence, that work sat the level of knowledge, will not make women complain about the use of violence they experienced in the household. In contrast, women will receive and consider the violence they experienced as are ward field.

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