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All Journal Al-Ahwal: Jurnal Hukum Keluarga Islam Proceedings of Annual Conference for Muslim Scholars Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues
Fathonah K. Daud, Fathonah K.
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QIRÂAH FÎ KHIȚÂB AL-MAR’AH: STUDI ISU GENDER DALAM KITAB DAWÂIR AL-KHAWF Daud, Fathonah K.; Hambali, HM Ridlwan
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 1 (2024): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v4i1.773

Abstract

This article examines gender issues in the thoughts of Naṣr Ḥāmid Abu Zayd as stated in his book entitled Dawâir Al-Khawf Qirâah Fî Khițâb Al-Mar'ah. Naṣr Ḥāmid was originally a follower of Al-Ikhwan al-Muslimun, who later turned into a liberal intellectual figure from Egypt who was known for his controversial and controversial thoughts. This study uses a literature study which refers to several main books of his works and is added to secondary sources in the form of several writings resulting from research on the thoughts of Naṣr Ḥāmid Abu Zayd. The results of this research show that Naṣr Ḥāmid criticizes the interpretations that have developed over time, especially regarding qiwâmah, inheritance, talak, polygyny and women's private parts (hijab). According to him, women are part of the substance that is rooted in human social existence in certain historical realities. These conditions of social relations determine the position of men and women equally in the social, cultural and intellectual framework. Both are equal as complete human beings. This thinking places him at the level of progressive thought and attracts many groups, which is sometimes in harmony with the ideas of early Egyptian Muslim feminists, namely Muhammad Abduh.
UPAYA PASANGAN SUAMI-ISTRI PENYANDANG DISABILITAS DALAM MEMBENTUK KELUARGA SAKINAH PERSPEKTIF PSIKOLOGI KELUARGA Daud, Fathonah K.; Baroroh, Nunuk Umi; Akbar, Zainuri
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v5i1.1012

Abstract

This research examines several efforts of husband and wife couples with disabilities in forming a sakinah family from a family psychology perspective. The aim of this research is to find out several efforts and things that are factors in the formation of sakinah families as well as factors that hinder sakinah families in families of people with disabilities. This research is descriptive qualitative in nature, with data collection methods carried out by means of observation, interviews and documentation. The objects of this research are residents of Sokogrenjeng Kenduruan Tuban village who have disabilities and have partners. This is not easy to achieve, because disabled couples certainly have many obstacles in achieving this. The research results show that there are several efforts to create a sakinah family, including harmony in the family, responsibility between husband and wife, ideal leaders, support from family and the environment, based on a sense of mawaddah and mercy. Apart from that, there are several efforts specifically for psychological needs that are implemented to create a sakinah family, including strong cohesion, accepting agreements within the family, a sense of belonging, good communication, a sense of attraction between family members, and each member trying to achieve family goals. . This shows that family psychology has an important role in the family to achieve a harmonious family for couples with disabilities. This research makes an important contribution to our understanding of efforts to form a sakinah family, especially for couples with disabilities, that it is not easy to create a sakinah family, especially in limited conditions.
TEOLOGI PEMBEBASAN PEREMPUAN: KAJIAN ATAS PEMIKIRAN ASGHAR ALI ENGINEER TENTANG ISU GENDER Daud, Fathonah K.; Fauziah, Nadia Rizky; Rizqiyyah, Siti
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 2 (2023): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v3i2.628

Abstract

This article examines Asghar Ali Engineer's thoughts on women's liberation theology. This is mainly about the method of interpreting Islamic sacred texts. This article was collected from a literature review, then described and analyzed using gender theory. The results of this research show that Asghar's feminist spirit is very strong when reading and interpreting Islamic sacred texts. This cannot be separated from the influence of the science he mastered, including his plural life experience in India, which gave birth to a humanist method of interpretation. The Islamic portrait has shown the existence of gender justice according to Ali Asghar Engineer's perspective, they are both servants of Allah whose process of events is of the same type. The only difference lies in how they carry out their life functions as caliphs on earth, whether they become devout servants or not. Criticism of classical fiqh was raised because it was considered discriminatory against women, so Ali Asghar offered a reconstruction of feminist fiqh for a more just life.
HAK CERAI PEREMPUAN DALAM HUKUM KELUARGA ISLAM MAROKO Daud, Fathonah K.; Syarif, Nurrohman
Al-Ahwal: Jurnal Hukum Keluarga Islam Vol. 14 No. 2 (2021)
Publisher : Universitas Islam Negeri (UIN) Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ahwal.2021.14204

Abstract

This paper examines the women’s right to divorce under Moroccan Islamic family law. This article relies on a statutory approach, accompanied by interviews. Most of the data were taken from Moroccan regulations on marriage. The data were also collected from books and journals on women and divorce in Moroccan Law. Additionally, interviews are conducted to enrich information. The result of this study shows that Morocco recognizes the right of woman to divorce (her husband) in two terms: tatliq li al-syiqaq and khulu'. Of these two rights, Moroccan women share an equal position with men in the chance to end marital ties. Following the divorce, Moroccan family law stipulates that joint property belongs to the wife, except for immovable assets in the husband's name. Due to this provision, Moroccan women's bargaining position is arguably strong, because they have the legal ‘power’ to negotiate whether the marriage should be continued or ended. This should encourage husbands to behave carefully of their wives during the marriage. Theoretically, Moroccan family law can be said progressive in terms of protecting the rights of women (and their child/s). Tulisan ini mengkaji hak bercerai bagi perempuan dalam undang-undang keluarga yang diterapkan di negara muslim Maroko. Artikel ini ditulis dengan pendekatan perundang-undangan (statue approach) yang dilengkapi dengan wawancara. Data dikumpulkan dari peraturan-peraturan perkawinan di Maroko. Data juga didapatkan dari buku-buku dan jurnal yang membahas hak perempuan untuk bercerai. Di samping itu, data juga diperkaya melalui wawancara. Hasil penelitian ini menunjukkan bahwa Maroko mengakui hak perempuan untuk menceraikan (suaminya) dengan dua jalan, yaitu: tatliq li al-syiqaq dan khulu’. Dari kedua hak menceraikan ini, perempuan Maroko mempunyai kedudukan yang cukup imbang dengan laki-laki dalam kemampuan memutuskan ikatan perkawinan. Pasca perceraian, hukum keluarga Maroko menetapkan harta bersama jatuh kepada istri, kecuali harta tidak bergerak yang atas nama suami. Dengan ketentuan ini, posisi tawar perempuan Maroko dapat dikatakan cukup kuat karena mereka memiliki modal negosiasi apakah pernikahan dilanjutkan atau tidak. Ini menjadi isyarat bagi para suami untuk berprilaku hati-hati kepada istrinya dalam berumah tangga. Secara teoretis, hukum keluarga Maroko dapat disebut progresif dalam memberikan perlindungan kepada hak-hak perempuan, termasuk hak-hak anak-anak.
Defamiliarisasi dan Bacaan Kontemporer: Telaah Pembacaan Muhammad Shahrûr terhadap Ayat-Ayat Aurat dan Hijâb Daud, Fathonah K.
Proceedings of Annual Conference for Muslim Scholars Vol 3 No 1 (2019): AnCoMS 2019
Publisher : Koordinatorat Perguruan Tinggi Keagamaan Islam Swasta Wilayah IV Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (920.238 KB) | DOI: 10.36835/ancoms.v3i1.311

Abstract

The thought of interpretation in classical Islamic literature is not final, therefore contemporary issues related to marginalization of women or rules on women’s clothing are among Shahrûr’s concerns. This article examines Muhammad Shahrûr’s reading of the verses of the aurat and hijab. Shahrûr as a contemporary Muslim thinker when studying religious texts tries to provide a different interpretation and contrasts with mufassir in general. Shahrûr’s reading related to the issue of awrah and women’s clothing in studying the verses of the Qur’an using the philosophical approach to language, in the sense that he examines in depth the key words contained in each subject matter, both through paradigmatic and syntagmatic approaches. His method, which aims to counter established thinking and want his readers to understand it as something newly discovered, is called defamiliarization.
TRADISI NGEMBLOK DI DESA NGREJENG GRABAGAN TUBAN DALAM PERSPEKTIF ‘URF ., Mun'im; Daud, Fathonah K.
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i2.342

Abstract

This article discusses the Ngemblok Tradition in Ngrejeng Village, Grabagan District, Tuban Regency in the 'Urf. This study aims to: 1) Knowing the Ngemblok tradition in Ngrejeng Village, Grabagan District, Tuban Regency 2) Knowing 'Urf's Review of the Ngemblok Tradition in Ngrejeng Village, Grabagan District, Tuban Regency. This research uses a qualitative case study method and uses data collection methods in the form of observation, interviews and documentation. Then the data analysis techniques used in this research are data reduction, data presentation, conclusion drawing and or verification. The results of this study are'Urf's review of the Ngemblok Tradition in Ngrejeng Village, Grabagan District, Tuban Regency that women as blockers are not prohibited in Islam. This is based on the time of the Prophet Muhammad, who was also proposed by Siti Khatidjah through his trusted female servant, Nafisah. The goal from a religious point of view is to get a husband who is pious, and good for marriage. The legal basis for blocking is on the rules of العادة (‘urf) and the rules of fiqh المحُاَفَظَةُ عَلَى القَدِيْمِ الصَالِحِ الأَخْذُ باِلجَدِيْدِ الأَصْلَحِ (maintaining good old things and taking new, better things).
Co-Authors ., Mun'im Akbar, Zainuri Baroroh, Nunuk Umi M. Ridlwan Hambali Nadia Rizky Fauziah Nurrohman Syarif, Nurrohman Rizqiyyah, Siti