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All Journal Yurisprudentia: Jurnal Hukum Ekonomi Ahlana: Jurnal Hukum dan Hukum Keluarga Islam
Munawwir Ramadhan
Universitas Islam Negeri Sumatera Utara
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analysis of Islamic Economic Law on Economic Rights of Domestic Violence Victims Wives in Indonesia 2020–2025 Munawwir Ramadhan
Yurisprudentia: Jurnal Hukum Ekonomi Vol 12, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v12i1.20503

Abstract

Domestik Violence (DV) is one of the most massive human rights violations in Indonesia, especially economic violence against wives. It encompasses livelihood neglect, asset seizure, prohibition from working, and financial exploitation. The novelty of this study lies in the simultaneous integration of three analyzes covering that it has not been discussed in previous literature: (1) longitudinal statistical analysis of Komnas Perempuan's Annual Notes (CATAHU) 2020-2025, (2) normative reconstruction of Islamic Economic Law grounded in livelihood, al-milkiyyah al-mustaqillah, and maqashid al-syari'ah, and (3) comparative analysis with international human rights instruments (UDHR, ICESCR, CEDAW) and national positive law. The method uses normative legal research using statutory, conceptual, and comparative approaches. Findings reveal an increasing trend in economic violence cases from 680 (2020) to 5,942 (2025). Islamic Economic Law provides a strong normative foundation for protecting wives' economic rights, while the PKDRT Law has yet to deliver optimal economic recovery for victims. This study recommends regulatory harmonization based on Islamic Economic Law and Human Rights principles, strengthened livelihood enforcement through religious courts, and the establishment of an integrated economic protection fund for domestic violence victim wives.
Keadilan Gender Dalam Keluarga Perspektif Amina Wadud Muhammad Fadhil; Munawwir Ramadhan
Ahlana: Jurnal Hukum dan Hukum Keluarga Islam Vol 3, No 1 (2026): Ahlana: Jurnal Hukum dan Hukum Keluarga Islam
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/jhki.v1i1.28461

Abstract

This study examines the concept of gender justice in Muslim families through the perspective of Amina Wadud, particularly in the reinterpretation of the concept of qiwamah contained in QS. An-Nisa verse 34. The concept of qiwamah is traditionally often interpreted as the legitimacy of superiority and absolute leadership of men over women in the family structure, which creates a gender hierarchy and places women in a subordinate position. This study uses a normative juridical method with a hermeneutic approach to analyze Amina Wadud's thoughts sourced from her works, especially "Qur'an and Woman" and "Inside the Gender Jihad". The results of the study show that Amina Wadud offers an alternative interpretation of qiwamah as a conditional functional responsibility, not a hierarchy based on gender. In the contemporary socio-economic context where women also play a role in the family economy, qiwamah can be reciprocal or even shifted to women. The implications of Amina Wadud's concept of qiwamah for gender justice in the family include: (1) flexible division of roles between husband and wife according to ability and agreement; (2) participatory decision-making through deliberation without giving veto rights to the husband; (3) firm rejection of domestic violence by interpreting the word "dharaba" as temporary separation from home, not hitting; and (4) equality in rights and obligations based on the principle of reciprocity as stated in QS. Al-Baqarah verse 228
Co-Authors muhammad fadhil