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All Journal Musawa : Jurnal Studi Gender dan Islam Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Al-Mazaahib: Jurnal Perbandingan Hukum Al-Manahij : Jurnal Kajian Hukum Islam Al-Hukama: The Indonesian Journal of Islamic Family Law
Agus Moh. Najib, Agus Moh.
UIN Sunan Kalijaga Yogyakarta
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Musawa : Jurnal Studi Gender dan Islam

 1 
Kepala Negara Perempuan Dalam Perspektif Hadis Najib, Agus Moh.
Musawa Jurnal Studi Gender dan Islam Vol. 3 No. 1 (2004)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2004.31.1-14

Abstract

The classical ulama agreed that women are not allowed to be the head ofa state. This view was based on, among others, the context when they lived. Besides, there was an often quoted hadith stating that it was forbidden for the Muslim community to choose women as their head of state. This is of course a discriminative view, 'especially when is considered in light of current socio-political circumstances. This article is an initial attempt to scrutinize this very hadith both from its chain of transmission and from its content. There are two approaches  developed by the ulama in understanding hadith texts: some tended to explore the generality of the hadith texts, and some tended to analyze the context within which the texts were written
MENAKAR RUU KKG DARI PERSPEKTIF KAJIAN HUKUM ISLAM Najib, Agus Moh.
Musawa Jurnal Studi Gender dan Islam Vol. 11 No. 2 (2012)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2012.112.197-212

Abstract

The Draft Law on Gender Equality is an early draft at the socialization stage, still to receive inputs from the society. However, there have been many negative responses and many Islamic groups reject it wholesale. Their argument interalia, is that the draft law is secular in nature and is thus contradictory to fundamentalist Islamic teachings and law. This article will attempt to discuss and position the draft law within the ambit of Islamic law. The general conclusion is that while most of the ideas contained within the draft law is much in line with the principles of Islamic law, several articles which conflict with Islamic law need to be revised and changed. The shortcomings and errors within the draft law are indeed in need of criticism, but it should not be a reason to reject the entire draft law
Kontroversi Perempuan Sebagai Wali Nikah Najib, Agus Moh.
Musawa Jurnal Studi Gender dan Islam Vol. 5 No. 2 (2007)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2007.52.211-225

Abstract

The concept of waliin marriage contract is essentially a mean to ascertain the attainment of the goal of a marriage, that is to maintain harmony between a husband and wife in their familial life. The institution of wali (guardianship) is meant to guarantee the rights, safety and welfare of the underage brides before and after they enter their marital life. Thus, it can be said that wali for a brU1e is needed when she is not adult yet, and has no capability to conduct legal acts by herself Meanwhile a waliwho is meant to be her protector should be an adult person with sound judgment and ability to perform legal acts so that the wali can perform the duties appropriately. If the main condition of wali is adulthood and soundness of judgment, then women, not only men, can be a wali, as it is believed by the Hanafis.
Co-Authors Ahmad Bahiej, Ahmad Falah, Mohammad Bachrul Ni'ami, Mohammad Fauzan Riyanta