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All Journal Muwazah: Jurnal Kajian Gender Legitima: Jurnal Hukum Keluarga Islam
Iqbal Subhan Nugraha
STAI Nurul Iman, Parung Bogor
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Women's Rights in Choosing a Partner in Marriage Gender Justice Perspective in Grobogan Regency Abdul Aziz; Iqbal Subhan Nugraha; Lukman Hakim
MUWAZAH : jurnal kajian gender Vol 17 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/muwazah.v17i1.9178

Abstract

The choice of a partner in marriage is a fundamental right of women that is often hampered by dominant social and cultural norms, especially in rural areas such as Grobogan Regency, Central Java. Despite increasing awareness of gender justice, women in the area still face various obstacles in expressing their right to choose a life partner. This study aims to explore how women's rights in choosing a partner in marriage are viewed from the perspective of gender justice and its impact on women's empowerment in Grobogan Regency. The method used is qualitative research with a legal social approach through case studies. Data were collected through in-depth interviews with five women; Rabiah, Suliyem, Hartini,Kasmiyati, and Surati in Grobogan and participatory observations. The results show that despite the increased understanding of the right to choose a partner, many women are still affected by social and family pressures in making these decisions. Gender justice in the selection of spouses has been proven to have a positive impact on women's empowerment, both in social, economic, and psychological aspects, by increasing their autonomy and well-being. The implications of this study are the importance of education, advocacy, and local policies that better support women's rights to choose a partner, as well as women's social and economic empowerment at the local level. This research contributes to the understanding of the importance of gender justice in marriage practice, as well as the need for more proactive policy changes in supporting gender equality in society.
Post-Divorce Maintenance in Contemporary Islamic Family Law: An Empirical Study of Judges' Considerations at the East Jakarta Religious Court Abdul Aziz; Iqbal Subhan Nugraha; Lukman Hakim
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v7i1.6429

Abstract

Purpose – This research aims to analyze the application of post-divorce maintenance in contemporary Islamic family law, focusing on an empirical study of judges' considerations at the East Jakarta Religious Court. This research will explore how judges consider the obligations of nafkah madhiyah, mut'ah, and iddah in divorce verdicts, as well as the legal and social implications for women involved in the process. Methods – This research uses a field research method with a case study approach with a focus on contemporary problems in family law. Data was collected through in-depth interviews with judges, clerks handling divorce cases, substitute clerks handling divorce cases, and analysis of relevant legal documents. Findings – The findings of this study indicate that the obligation to provide maintenance in the East Jakarta Religious Court serves as a protection of women's rights and as part of efforts to achieve social and gender justice in the contemporary era. The results of this study indicate that the application of financial provisions in Islamic law is essential to protect women's rights and reduce the potential economic hardship experienced after divorce. Research implications – Achieving equality and justice in gender relations requires reforms in legal policies and practices to be more responsive to women's needs, particularly in the context of divorce. This research makes a significant contribution to understanding the interaction between law, gender and social justice in society in an increasingly complex contemporary era. This research only focuses on cases in a particular region, so the results cannot be generalized to other contexts.
Co-Authors Abdul Aziz Lukman Hakim Lukman Hakim