Jurnal Hukum Islam
Vol 20 No 1 (2022)

Justice Negotiations for Women: Divorce Cases Due to Domestic Violence in Religious Courts

Bani Syarif Maula (Unknown)
Ariyanti , Vivi (Unknown)



Article Info

Publish Date
24 Jun 2022

Abstract

This study is to analyze the resistance of Muslim women to gender hierarchy in the family through khulu' (divorce) which is caused by acts of domestic violence. This empirical juridical research uses sample data from the Central Java Religious Court. The sample is selected based on the highest number of divorce cases in Indonesia, especially those caused by acts of domestic violence. The results of the study show that the religious court is the place most visited by muslim women in an effort to negotiate justice to stop domestic violence experienced by wives because Religious Courts are considered to provide strength to challenge the gender hierarchy in the household. Divorce initiated by the wife allows women to become active agents in determining marital status. However, Religious Court Judges do not use domestic violence as an excuse to decide on divorce cases. In his decision, the judge only mentioned the reason for the divorce because of the constant fights between husband and wife

Copyrights © 2022






Journal Info

Abbrev

jhi

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focuses on the issue of study Contemporary Islamic Law practices in Indonesia by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, Islamic economic ...