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All Journal Misykat al-Anwar Jurnal Kajian Islam dan Masyarakat Kutubkhanah Jurnal Penelitian Sosial Keagamaan Al'Adalah
Husnayain, Nilna
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Religion Humanities Education Social Sciences Other

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Gender Justice in Islamic Inheritance Law: A Comparative Study of Turkey and Tunisia Husnayain, Nilna; Syuroya, Khofifah Indah Imas 
Kutubkhanah Vol 25, No 2 (2025): Juli - December
Publisher : Lembaga penelitian dan pengabdian kepada masyrakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/kutubkhanah.v25i2.38281

Abstract

Islamic inheritance law has long beena subject of debatewithindiscussionsof gender equality, particularlyconcerningthe rule that men receive twice the share of women. This debate takesvariousforms across Muslim countries, notably in Turkey and Tunisia. This article examines how both countries address the tension between maintaining Islamic inheritance rules and adapting them to demands for equality. The study aims to compare Turkey’s adoption of Western civil law with Tunisia’s retention of Islamic law whileallowingspace for reform. The research method employed is a literaturereviewwith a juridical-comparative approach. The findings show that Turkey emphasizes egalitarianismthrough the adoption ofcivillaw,while Tunisia develops progressive discourse within the Islamic framework. The comparison reveals that gender equality issues in inheritance law are not solely rooted in normative texts but are also shapedby thepolitical, social, and cultural dynamicsofeachcountry.
Implementing Indonesia’s marriage-age reform: Child marriage dispensation and girls’ health rights Syuroya, Khofifah Indah Imas; Husnayain, Nilna
Al'Adalah Vol. 28 No. 2 (2025)
Publisher : UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/aladalah.v28i2.635

Abstract

In Indonesia, marriage age reform has been implemented by raising the minimum age limit to 19 years as an effort to prevent child marriage. However, in practice, this reform faces dispensations that were initially designed as emergency exceptions but have instead become the primary mechanism of implementation, normalising exceptions and shifting the logic of protection to procedural compliance. This article analyses the transformation of these dispensations and their implications for girls' reproductive health rights at the grassroots level. Using a qualitative juridical-empirical approach with a case study in Nyawangan Village, Tulungagung, data were collected through interviews with KUA officers, health workers, and village officials, as well as observations and document reviews. Framed by the Effectiveness of Law theory, the article reveals that dispensations operate as the practical face of reform through routine administrative processes, driven by social, economic, and institutional pressures, with minimal substantive intervention. As a result, considerations of reproductive health and the psychosocial readiness of girls are often overlooked, creating a gap between procedural legality and substantive protection. This article recommends reinstating dispensations as high-threshold exceptions, subject to strict evidentiary standards, standardised health assessments, and cross-institutional coordination focused on delaying marriage. The implication is that marriage-age reform must be firmly embedded at the normative level and supported by governance that truly centres on the best interests of girls.
Perlindungan Hak Reproduksi Korban Pemerkosaan Melalui Tindakan Aborsi: Dalam Kajian Feminist Legal Theory dan Keadilan Hakiki Perempuan Imas Syuroya, Khofifah Indah; Husnayain, Nilna
MISYKAT AL-ANWAR JURNAL KAJIAN ISLAM DAN MASYARAKAT Vol 9 No 1 (2026)
Publisher : Faculty of Islamic Studies, University of Muhammadiyah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24853/ma.9.1.169-190

Abstract

Abortion cases involving rape victims are a complex legal and humanitarian issue in Indonesia, particularly because regulations and social realities have not been entirely successful in protecting women's reproductive rights. Although the 2023 Criminal Code, Law No. 17 of 2023 on Health, Government Regulation No. 28 of 2024, and Minister of Health Regulation No. 2 of 2025 have provided a legal basis for abortion practices under certain conditions, in practice, abortion policies for rape victims do not yet fully reflect substantive justice. Normatively, regulations have recognized exceptions for abortion in cases of rape and medical emergencies, but various administrative barriers, social stigma, health workers' fear of criminalization, and unequal access to services make it difficult for victims to access safe and legal abortions. This study aims to analyze the position of women victims of rape in the framework of abortion law through the Feminist Legal Theory approach and the concept of Women's True Justice. The research method used is a literature study of relevant laws, fiqh literature, and journal articles. The results of the study show that laws that appear neutral remain gender biased in practice, with women being placed as moral objects rather than subjects of dignity who are entitled to bodily autonomy. Furthermore, the concept of True Justice for Women proves that abortion for rape victims can be justified as an effort to save lives (ḥifẓ al-nafs) and restore honor (ḥifẓ al-‘ird). The conclusion of this study emphasizes that substantive justice for victims can only be realized if regulatory reforms are accompanied by gender-sensitive implementation, simpler procedures, and systematic protection for victims and medical personnel. Keywords: Reproductive Rights, Abortion, Victims of Rape.
Co-Authors Imas Syuroya, Khofifah Indah Syuroya, Khofifah Indah Imas Syuroya, Khofifah Indah Imas