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All Journal DE LEGA LATA: Jurnal Ilmu Hukum Journal of Innovative and Creativity
Masrofah Masrofah
Universitas Muhammadiyah Purwokerto
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Analisis Hukum Waris Islam Dalam Konteks Kesetaraan Gender Dan Perlindungan Hak Perempuan Masrofah Masrofah; Yusuf Bagus Febrianto; Kanda Reza Pahlevi Tetuko Mozaik Romadhona
Journal of Innovative and Creativity Vol. 6 No. 1 (2026)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i4.1453

Abstract

The discourse on Islamic inheritance law is often linked to the issue of gender equality, particularly regarding the distribution of inheritance in which men receive twice the share of women, and is therefore frequently perceived as unjust. Such assessments, however, often fail to fully consider the historical background and social context in which Islamic inheritance law emerged—a context in which it represented a progressive reform from pre-Islamic traditions that denied women any inheritance rights. This study aims to analyze Islamic inheritance law from the perspective of gender equality and the protection of women's rights, as well as to evaluate its implementation within Indonesian Muslim society. The research adopts a normative juridical method with a descriptive qualitative approach, examining legal norms, doctrines, and social data. The findings indicate that although Islamic legal texts stipulate a 2:1 inheritance ratio between men and women, this provision is not inherently discriminatory but rather reflects a proportional distribution of socio-economic responsibilities at the time. However, in the context of modern society, there exists a degree of implementation flexibility that allows for family deliberation and adaptation to gender equality principles, ensuring that Islamic inheritance law remains relevant and just within a dynamic social framework.
Comparative Study of Polygamy in the Marriage Law Based on Islamic Law and Feminism Perspective Masrofah Masrofah; Selamat Widodo; Yusuf Saefudin
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27327

Abstract

This study examines the extent to which Islamic legal norms regard polygamy as a permissible marital practice, and how feminist legal perspectives assess such practice within the framework of gender equality and the protection of women’s rights. The research is directed by two principal legal questions: (1) What is the comparative analysis of polygamy under the Marriage Law when viewed from the standpoint of Islamic Law and Feminist Legal Theory? and (2) How is the concept of justice for women subjected to polygamous marriages assessed under Islamic Law and Feminist perspectives? This study employs a normative legal research design using a qualitative  descriptive analysis. Data were obtained through a literature-based method involving statutory materials, authoritative legal texts, scholarly works, and relevant academic articles. An analytical approach was adopted to interpret the meaning and scope of terms contained in legislative provisions, while data collection was conducted through comprehensive doctrinal and literature review to assemble all relevant legal information. The findings of this research demonstrate both differences and points of convergence between Islamic Law and Feminist perspectives regarding the legal and ethical status of polygamy. Under Islamic Law, polygamy is deemed permissible subject to strict substantive and procedural conditions, including the husband’s ability to uphold justice among his wives, both materially and emotionally. In practice, however, the failure to fulfil the principle of justice often results in discrimination and harm toward women. Conversely, from a Feminist perspective, polygamy is viewed as an inherently inequitable institution that reinforces patriarchal structures and places women in subordinate positions, socially, economically, and emotionally. Therefore, in order to achieve justice from both legal and gender-equality standpoints, a reinterpretation and reassessment of existing marital regulations is necessary to ensure greater responsiveness to gender justice and stronger protection of women’s rights.
Co-Authors Kanda Reza Pahlevi Tetuko Mozaik Romadhona Saefudin, Yusuf Widodo, Selamat Yusuf Bagus Febrianto