The existing fiqh and state laws in Indonesia construct men as the leader and the family breadwinner and women as the housewife who takes care of the household. The current data show that there has been increasing divorce rate, and the number of divorces initiated by women is roughly three times higher than divorces initiated by men. This means more women than men were unhappy with their marriage. The main reason for most cases of divorce is economic problems in which the husbands are unable or unwilling to provide for the family, leaving women to have multiple burdens of providing for the family and take care of the household. This shows that the ideal gender construction in the existing fiqh and laws is neither fair nor realistic. This article aims at challenging the patriarchal fiqh and laws (the 1974 Marriage Law and the 1991 Compilation of Islamic Law) and offers a new reading of fiqh and laws which support an equal partnership between husband and wife.
Copyrights © 2026