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Martoyo Martoyo
Pascasarjana Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember
Medicine & Pharmacology Public Health

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Judicial Justice in Polygamy Permits Based on Quraish Shihab’s Perspective Achmad Aisyul Mazidi; Muhammad Faisol; Martoyo Martoyo
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12771

Abstract

General Background: Polygamy remains a controversial issue in Islamic family law and judicial practice in Indonesia, primarily centered on the requirement of justice as mandated in Surah An-Nisa verse 3. Specific Background: In practice, achieving fairness in polygamy often faces challenges, particularly in judicial decisions granting polygamy permits. Quraish Shihab’s interpretation of justice emphasizes balance and contextual fairness, offering a multidimensional perspective for analyzing such rulings. Knowledge Gap: Previous studies have not deeply examined how judges operationalize Quraish Shihab’s concept of justice in actual polygamy permit decisions. Aims: This study aims to analyze the application of justice principles in the Jember Religious Court’s Decision No. 1775/Pdt.G/2023/PA.Jr using Quraish Shihab’s justice framework. Results: The findings reveal that the judges’ considerations emphasize procedural and formal justice—such as equality before the law and compliance with legal requirements—while substantive justice, including psychological and social balance for wives and children, remains limited. Novelty: This study provides an integrative analysis linking Islamic theological concepts of justice with judicial reasoning in polygamy cases. Implications: The research highlights the need for a holistic judicial approach that not only fulfills legal formalities but also ensures equitable family welfare consistent with maqasid al-shariah principles. Highlights: Examines judicial justice in polygamy permit decisions. Applies Quraish Shihab’s concept of balanced fairness. Reveals dominance of formal over substantive justice. Keywords: Justice, Polygamy, Quraish Shihab, Religious Court, Islamic Law
Dual Role Burden among Female Agricultural Laborers in Rural Indonesia Fasatin Nafisah; Martoyo Martoyo; Muhammad Faisol
Academia Open Vol. 11 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.11.2026.13438

Abstract

General Background: Women’s participation in public economic activities has increased alongside evolving gender roles in Indonesian society, yet normative legal frameworks emphasize balanced rights and obligations within households. Specific Background: Female agricultural laborers in Ramban Kulon Village simultaneously engage in income-generating activities and domestic responsibilities, reflecting a complex interaction between socio-legal norms and rural realities. Knowledge Gap: Despite formal recognition of gender equality in Islamic family law and national legislation, discrepancies persist in the practical division of household roles, particularly in agrarian communities. Aims: This study aims to analyze the forms of problems experienced by female agricultural laborers and identify the social and economic factors contributing to these challenges. Results: Findings reveal excessive double workloads, limited recovery time, and unequal domestic role distribution, driven by patriarchal norms and unstable household income. Women’s economic participation does not alter domestic responsibilities, resulting in sustained role conflict and structural burden. Novelty: This study highlights the interaction between socio-cultural structures and economic necessity in shaping persistent dual role conditions among rural women within a socio-legal framework. Implications: The findings underscore the need for gender-responsive policies and community-based interventions addressing structural inequality and promoting equitable role distribution in rural households. Highlights: Simultaneous domestic and agricultural responsibilities create continuous physical and emotional strain. Patriarchal cultural norms maintain unequal household task allocation despite income contribution. Seasonal and unstable earnings drive women’s labor participation without shifting family role structures. Keywords: Women's Dual Roles, Farm Laborers, Family Problems
Co-Authors Achmad Aisyul Mazidi Fasatin Nafisah Muhammad Faisol