International Journal of Contemporary Islamic Law and Society
Vol 3 No 1 (2021)

Gender Analysis of Marriage Guardians in the Compilation of Islamic Law

Abd. Rasyid Sidiq (Islamic Family Law Department, Postgraduate, Institut Agama Islam Negeri Palu)
Rusli Rusli (Islamic Family Law Department, Postgraduate, Institut Agama Islam Negeri Palu)
Syahabuddin Syahabuddin (Islamic Family Law Department, Postgraduate, Institut Agama Islam Negeri Palu)



Article Info

Publish Date
20 Jun 2021

Abstract

The concept of marriage guardians in Islamic Law Compilation still seems biased and patriarchal, because women do not have the right to marry themselves or others. Articles on guardian of marriage are still less responsive to women's interests. A gender imbalance regarding the concept of marriage guardians is further strengthened by the provisions of marriage guardians in the Islamic Law Compilation which are strictly aimed at men. This research used literature review method based on the Compilation of Islamic Law and gender theory. This study found that, the information about guardian of marriage which is a man’s right from the father's line is actually in line with the pagan Arab culture, including the contribution of Quraish hegemony in interpreting religious propositions. In this regard, Arab societies like Quraish had great respect for a person based on their lineage, so that everyone who was respected would wholeheartedly keep their honor. The lineage in Arabic culture is in the hands of the male lineage, and women are entered into second-class citizens in front of them.

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Journal Info

Abbrev

ijcils

Publisher

Subject

Religion Social Sciences

Description

The International Journal of Contemporary Islamic Law and Society provides an academic forum on topics of Islamic law as a social phenomenon in the contemporary era, in Muslim and non-Muslim countries. The International Journal of Contemporary Islamic Law and Society encourages discussion on ...