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All Journal Muwazah: Jurnal Kajian Gender
Nurul Maisyal
Lembaga Bantuan Hukum Masyarakat Terpadu LPBH NU Kab. Batang
Law, Crime, Criminology & Criminal Justice Social Sciences

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REFORMULASI HUKUM PERKAWINAN ISLAM RESPONSIF GENDER Nurul Maisyal
MUWAZAH : jurnal kajian gender Vol 8 No 2 (2016)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/muwazah.v8i2.9022

Abstract

This paper are the result of research that aims to find about formulation of the Marriage Law of Islam in Indonesia that are gender responsive. This normative juridical research method with the approach of legislation, conceptual and historical. Analysis of legal materials using prescriptive analysis, by interpretation, argumentation and legal logic. The results showed that, gender relations in Islam Marriage Law in Indonesia, as stipulated in Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, was still gender bias. This is evidenced by still many chapters to be scrutinized, particularly Article 31 paragraph (3) and Article 34, concerning husband-wife relationship patterns unequal gender. Therefore, the need for a reformulation of Islamic Marriage Law to make it more gender responsive. Legal issues are problematic in Marriage Law of Islam, namely concerning the minimum age of marriage, the marriage guardian, polygamy and nushuz also need reformulated, based on three basic values of law as an analysis, by considering the concepts of Islamic law, in order to study on the legal that are gender responsive acceptable by the people.
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