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All Journal Al-Tahrir: Jurnal Pemikiran Islam Sawwa: Jurnal Studi Gender Al-Ahwal: Jurnal Hukum Keluarga Islam Dinika : Academic Journal of Islamic Studies Ahkam: Jurnal Hukum Islam Journal of Islamic Law Dinika: Academic Journal of Islamic Studies. Indonesian Journal of Law and Islamic Law (IJLIL)
Arifah Millati Agustina
Universitas Islam Negeri Sayyid Ali Rahmatullah Tulungagung, Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Contestation between Fiqh and Culture in Indonesia: The Maqāṣid al-Sharī’ah Paradigm in Dangers of Forced Marriage against Women Agustina, Arifah Millati
Sawwa: Jurnal Studi Gender Vol. 18 No. 2 (2023): October
Publisher : Pusat Studi gender dan Anak (PSGA) Universitas Islam Negeri Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/sa.v18i2.17280

Abstract

This article addresses the contentious issues between Islamic Jurisprudence (fiqh) and cultural practices related to forced marriage. Motivated by the widespread prevalence of forced marriage in society, often perpetuated with religious arguments, the research aims to provide insights into the meaning of the term “ijbar” in fiqh discourse. While fiqh interprets “ijbar” as a custodian’s right to coerce their daughter, the article highlights the specific term “ikrah” for coercion in Islamic law. Utilizing a qualitative method, the study involves document analysis through an in-depth examination of fiqh literature. Data sources include classical and contemporary jurisprudence literature, information on forced marriages in Indonesia, and religious fatwas from the Indonesian Women’s Ulama Congress (KUPI). The article argues that forced marriage contradicts the maqāṣid al-sharī'ah, evidenced by spiritual and religious decline, domestic violence, restricted access to education, adverse reproductive effects, and limited economic resources.
ASSESSING WOMEN ULAMA’S PERSPECTIVES ON GENDER CONTESTATION AND LAW ESTABLISHMENT IN INDONESIA Arifah Millati Agustina
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 1 (2022)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v4i1.224

Abstract

In contrast with the history gender abroad, women's attitudes and relations with various sectors in Indonesia can be said to be completely different.  without distinguishing between both of them, local culture and approaches that affect one's perspective. This article describes the history of gender in Indonesia that is inseparable from the dogma and history of Indonesian women who fight for justice before the law, the variety of religions and cultures which are the main concerns that will distinguish the history of gender in Indonesia from others. This article narrates that gender as a perspective is strongly influenced by the doctrines of the ulama towards women through tafsir and methods. Women ulama brought up several gender issues in Indonesia which later became the product of a fatwa, including the elaboration of kyai Husein Muhammad highlighting how women's rights fighters in Indonesia seek to ratify the marriage law and bunyai Nur Rafiah’s argument saying that gender in Indonesia will never be separated from the method of Islamic studies which views the essential justice for which positions ultimate justice for women as the ultimate target, this argument leads to laws in Indonesia which are starting to lead to the mainstreaming of regulations. This discussion is further reinforced by kyai Faqihudin Abdul Kodir who argued that the goal of gender in Indonesia is the ratification of CEDAW, hence the issuance of UU no. 7 of 1984.
Co-Authors Chusnul Chotimah Nor Ismah