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All Journal Journal of Indonesian Constitutional Law
Kamil Strzępek
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Gender Equality and Divorce: Legal Guarantees of Women's Rights and Their Misuse in Traditional Muslim Communities Sufyan, Akhmad Farid Mawardi; Kamil Strzępek
Journal of Indonesian Constitutional Law Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i3.196

Abstract

The divorce rate in Madura over the past three years has increased to thousands of cases. Notably, 70% of the causes can be attributed to divorce suits filed by wives. This shows that Madura, as a traditional Muslim community, has become more sensitive and aware of the importance of women's and wives' rights in domestic life. As a result, husbands must take full responsibility for their families. This study employs empirical legal research methods within a sociological-legal and legal anthropology approach and was conducted in four districts in Madura. The results show that women's awareness of their rights as wives in the four districts of Madura has increased significantly. This factor has also led wives to file for divorce because their husbands have not fully fulfilled their obligations. These lawsuits are interesting because they can be comprehensively and contextually understood based on religious arguments against divorce and the position of women who file for divorce. This study contributes to efforts to promote gender equality in the household by ensuring that the rights and obligations of husbands and wives are fully upheld, as these rights are guaranteed in the constitution, state law, and Islamic law. Any form of neglect in fulfilling these rights has the potential to demean women and ultimately lead to divorce.
Co-Authors Sufyan, Akhmad Farid Mawardi