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Gender dalam Perspektif Hadis Maudhu’i Rusdaya Basri
AL-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan Vol 12 No 1 (2019): AL-MAIYYAH
Publisher : LPPM IAIN Parepare

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Abstract

This article examined the controversy of women's testimony and leadership between normative and substantive meanings based on Islamic legal agreements. Hadith about women's testimony of half men's testimony in the terms of law must be reviewed through socio-history. In hermeniotic perspective, the verse about testimony must be seen as a response to the historical facts at the time this verse came down. Thus, compiling historical facts has changed, it can be done to reinterpret the verses and hadith. The hadith about women's leadership in politics in terms of sanad is valid but the understanding of hadith must be approached based on sosio history because the matan of hadith is not always factual. This hadith was conveyed in response to the news of the appointment of Kisra's daughter, a woman who did not receive social approval from the community so that the hadith was acceptable only locally and temporally, not universally applicable. Therefore, leadership in politics can be carried out by anyone, male and female, as long as he/she gain legitimacy from the community.
Kontekstualisasi Maqaashidu Al-Syariah terhadap Penerapan Hak Ex Officio Hakim Rusdaya Basri; Rukiah Rukiah
AL-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan Vol 13 No 1 (2020): AL-MAIYYAH
Publisher : LPPM IAIN Parepare

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Abstract

This study examines the perspective of judges in applying their ex officio rights to the protection of the rights of children and wives on divorce cases at Religious Court Pinrang. This research assessed with descriptive qualitative approach using observation and depth-interview to the judges. The result shows that the judges absolutely apply their ex officio to the issue of Mut’ah. There are cross-opinion for the issue of iddah alimony for women in post-divorce, some apply and some do not. While for the issue of hadanah or child rearing, madhiyah property, and common property, the judges agreed that those issues are not include in the judges’ ex officio rights. However, it still must be prosecuted to find out the clear real case.