Sawwa: Jurnal Studi Gender
Vol. 18 No. 2 (2023): October

Contestation between Fiqh and Culture in Indonesia: The Maqāṣid al-Sharī’ah Paradigm in Dangers of Forced Marriage against Women

Agustina, Arifah Millati (Unknown)



Article Info

Publish Date
30 Oct 2023

Abstract

This article addresses the contentious issues between Islamic Jurisprudence (fiqh) and cultural practices related to forced marriage. Motivated by the widespread prevalence of forced marriage in society, often perpetuated with religious arguments, the research aims to provide insights into the meaning of the term “ijbar” in fiqh discourse. While fiqh interprets “ijbar” as a custodian’s right to coerce their daughter, the article highlights the specific term “ikrah” for coercion in Islamic law. Utilizing a qualitative method, the study involves document analysis through an in-depth examination of fiqh literature. Data sources include classical and contemporary jurisprudence literature, information on forced marriages in Indonesia, and religious fatwas from the Indonesian Women’s Ulama Congress (KUPI). The article argues that forced marriage contradicts the maqāṣid al-sharī'ah, evidenced by spiritual and religious decline, domestic violence, restricted access to education, adverse reproductive effects, and limited economic resources.

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Journal Info

Abbrev

sawwa

Publisher

Subject

Social Sciences

Description

Sawwa: Jurnal Studi Gender focuses on topics related to gender and child issues. We aim to disseminate research and current developments on these issues. We invite manuscripts on gender and child topics in any perspectives, such as religion, economics, culture, history, education, law, art, ...