Ma'mal: Jurnal Laboratorium Syariah dan Hukum
Vol. 7 No. 3 (2026): June

Reinterpreting the Right of Ijbār in Shāfiʿī Fiqh: An Indonesian Women Ulama Congress (KUPI) Approach to Gender Justice in Indonesian Marriage Law

Fauzan, Mohamad (Unknown)



Article Info

Publish Date
30 Jun 2026

Abstract

The right of every individual to freely choose a marriage partner is recognized in both national and international legal instruments. Nonetheless, the practice of forced marriage persists in Indonesia, often justified through the contested interpretation of the guardian's right of ijbār (coercive authority in marriage) within certain segments of society. This article critically examines the concept of ijbār rights of the Shāfiʿī school, which is actually believed to be the basis norm for Indonesian Muslims, through the lens of the Indonesian Women Ulama Congress, which reinterprets Islamic legal norms based on the ethical values of ma'rūf, mubādalah, and ‘adālah haqqāniyyah. Drawing on KUPI's fatwas and field-based narratives, the study argues that the notion of walī mujbir (a guardian with coercive authority) is no longer tenable in contemporary contexts. Under the principle of mubādalah, any exercise of the guardian's authority must center on the consent and welfare of the woman, rather than override it. From the ma'rūf perspective, ijbār is inconsistent with current societal norms and women's lived experiences, as attested by religious leaders and community voices. Furthermore, in light of true justice, the enforcement of ijbār often reflects patriarchal interests rather than mutual benefit. The study concludes that the classical doctrine of ijbār, particularly as developed in the Shāfiʿī school, requires substantial reinterpretation to align with contemporary understandings of gender justice and human dignity.

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Journal Info

Abbrev

mal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Mamal Jurnal Laboratorium Syariah dan Hukum covers various issues on interdisciplinary Syariah and Law from Islamic history, thought, law, politics, economics, education, to social and cultural ...