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Musawa : Jurnal Studi Gender dan Islam
Published by Universitas Islam Negeri Sunan Kalijaga Yogyakarta
ISSN : 14123460     EISSN : 25034596     DOI : https://doi.org/10.14421/musawa.2019.181.1-17
Core Subject : Religion, Humanities, Education, Art, Social,
Religion Arts Humanities Education Social Sciences
Musãwa Journal of Gender and Islamic Studies was first published in March 2002 by PSW (Pusat Studi Wanita) Sunan Kalijaga Yogyakarta under contribution with the Royal Danish Embassy Jakarta. In 2008, published twice a year in collaboration with TAF (The Asia Foundation), namely January and July. Musãwa Journal is a study of gender and Islam especially on gender mainstreaming and child rights both in the study of texts in the Qur’an and Hadith, figures and thoughts, history and repertoire, classical and contemporary literature as well as socio-cultural studies. All concentrations are in the context of Indonesia and other countries in Southeast Asia within the framework of unified NKRI, based on Pancasila. Musãwa Journal has been published by PSW UIN Sunan Kalijaga Yogyakarta since 2002. Initiated by lecturers, gender activists and Islamic studies scholars of PTKI ( Higher Education of Islamic Religion) Musãwa has regularly published academic works and researches on gender and Islam for almost two decades. Now, the Journal extends its studies with Children and Human Rights (HAM). All studies are still in the context of gender and its mainstreaming. Through the studies hopefully, the Musawa journal can be part of the implementation of gender mainstreaming in the context of Indonesian society.
Arjuna Subject : Ilmu Sosial - Stugi Gender
Articles 9 Documents
 1 
Search results for , issue "Vol. 12 No. 1 (2013)" : 9 Documents clear
MENGURAI REGULASI NIKAH SIRRI Hidayat, Wahyu
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 1 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.121.157-164

Abstract

Judul buku : Akseptabilitas Regulasi Kriminaslisasi Pelaku Kawin Sirri Menurut Pemuka Masyarakat MaduraPenulis :  Siti Musawwamah, dkkEditor :  Iskandar DzulkarnainISBN :  978-602-19332-4-4Penerbit :  Kementerian Agama RI
MENYOAL KEMBALI PERKAWINAN DI BAWAH TANGAN (NIKAH SIRRI) DI INDONESIA Abdullah, Nafilah
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 1 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.121.63-81

Abstract

All people who enter the gates of family life through marriages intend to achieve a  prosperous and harmonious family life and receive blessing in this world and the next. Marriages must therefore be done in accordance with religious law. A marriage is legal if conducted in accordance with one’s religion, and must be recorded in the Office of Religious Affairs (KUA). Marriages which are not recorded by authorized officials are sirri marriages, and are contrary to legislation. Furthermore, its harm can be seen from its consequence, the lack of legal certainty between husband and wife and the children. This entails the legal consequence that sirri marriages do not have a Marital Deed and children borne of such marriage receive no government recognition, and are considered children born out of wedlock, only having civil relations with the mother and the mother’s family. The wife and children abandoned by a biological father cannot take legal action for the fulfillment of their economic rights or for joint marital assets.
MENGURAI BENANG KUSUT DUALISME NIKAH SIRRI (Upaya Meratifikasi Rancangan Undang-Undang Nikah Sirri) Suhaeri, Suhaeri
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 1 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.121.83-101

Abstract

The emergence of the Draft Bill on the Religious Judiciary Material Law on  Marriage -otherwise known with the Draft Bill on Sirri Marriage- has brought a lengthy polemic debate. This issue essentially rests on a legal matter, the duality of Sirri marriages; which are legal according to Islamic law but illegal according to formal law (national civil law). This led many actors to disregard the need for the ratification of the Draft Bill, where in fact the Draft Bill’s ratification intends to uphold justice. This shows that there is a faulty perception by society in understanding Islamic law’s position on Sirri marriages. Therefore, this article will attempt to rectify society’s understanding on Sirri marriage through the fiqh approach. The conclusion which may be drawn are that Sirri marriages contain two harms (kemafsadatan) at the same time (adultery and harming others). According to fiqh, when a choice exists between two harms, the avoidance of the greater should be chosen. In this case, the greater harm comes from harming wives and children in Sirri marriages. Therefore, good muslims should not conduct Sirri marriages. The reality whereby many Sirri marriages are still conducted shows the need for legal enforcement through the ratification of the Draft Bill.
NIKAH SIRRI DALAM PERBINCANGAN MEDIA MASA Suryadilaga, Muhammad Alfatih
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 1 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.121.103-119

Abstract

Sirri marriage is a growing phenomenon in society. The apparently large number of  sirri marriages is due to widespread reporting by mass media, printed and electronic. As a part of religious teachings, marriage is a holy institution to humanize mankind. The purpose of marriage cannot be achieved if there is an effort to subvert its core values. One of the things which may reduce the essence of marriage is sirri marriage, as it is not recorded by the Office of Religious Affair and thus does not carry the  same legal force as official marriages. From the various cases of sirri marriages,  most of them involve people in a public office and are economically well off, such as politicians, government officials and well off government and private employees. This means, that economic stability drives people to marry again to avoid sin, thus sirri marriage. On the flip side, poverty often coerces victims into sirri marriages. It seems that the reasons why people resort to sirri marriages include: prohibition to marry during civil service, the partner is not yet of age, polygamous civil servants fearful of superior reprimand and polygamous men fearful of their wives.
NIKAH SIRRI: DIMANA PEREMPUAN? ‘Ulya, Fina
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 1 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.121.1-26

Abstract

Nikah sirri often make controvertion. People who reject nikah sirri and who receive  nikah sirri, all of them using religious texts to strengthen their opinion. Nikah sirri make problems than benefits, and almost women and children become victims. So, we have to solve this big problem, the important thing is rethinking and redefining marriage concept. Because, marriage often understood only relation two persons (male and female) with God. But actually the case is social problems. And what is more give knowledge for women, so they can be autonomous and be self-reliant.
POLA DAN LOGIKA NIKAH SIRRI DALAM KULTUR MASYARAKAT MADURA Faiz, Abd Aziz
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 1 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.121.121-136

Abstract

Sirri marriage does not seem to be a problem in Maduran society, even when the  women are often harmed during or after the marriage. This apparent indifference can be explained by analyzing the cultural logic of Maduran society, among them through the patriarchal relations where women are ignorant of public administration issues, the view that women must be protected, herded and made into an asset of men’s pride. The paradigms regarding virginity (parabhan) and spinsters, and the fiqh-based religious reasoning apparent in Maduran society exacerbates the problem.  There are several explanations for the patterns of sirri marriages in Madura:  poverty, ignorance or lack of information on behalf of the women, the practice of arranged marriages (ajuduagi) and polygamy. Sirri marriages in Madura leads to child laborers supporting families, underage widows due to incapacity of handling domestic conflicts and hindrances for women from accessing their rights in many aspects due to their dependence on men.
NIKAH SIRRI DALAM PERSPEKTIF HADIS Iballa, Dona Kahfi. Ma.
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 1 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.121.27-41

Abstract

This paper will discuss the issue of sirri marriages through the perspective of hadith. To give a holistic understanding of the problem regarding the hadith prohibiting sirri marriages and those instructing for the recording of marriages, this paper will utilize the Maani al-Hadith method. The various Hadiths found on sirri marriages have found two important points. First, the prophet has instructed that as a legally binding relation recommended by religion, marriage must be different from other forms of relations prohibited by religion, in the form of publications. Second, the hadith, which are strengthened by Quranic verses also instructs that while the use of  witnesses is sufficient for the legality of a marriage, if there are several requirements  which are lacking in certain situations, a record or publication of the marriage must be made to avoid future dispute (a record of the marriage is the most effective method espoused by the Quranic verse).  Furthermore, several other facts also become the basis for the mandatory nature of a marital record: 1) that marriages encompass not only legal, but also religious and social factors, 2) marital records protects not only from adultery, but also minimalizes the possibility for other future sins, and 3) that the existence of marital records is a characteristic of an upstanding Muslim following government laws.
KEKERASAN TERHADAP PEREMPUAN DALAM RELASI PERNIKAHAN SIRRI Saeroni, Saeroni; Andari, Indiah Wahyu
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 1 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.121.137-155

Abstract

This paper discusses the dynamics of violence against women in informal marital  relations based on the experience and institutional data of RifkaAnnisa Yogyakarta. This paper will discuss the characteristics of victims and perpetrators in informal marriages, the dynamics of violence experienced by victims and the factors behind informal marriages. This research will affirm that all women who are victims of violence in informal and polygamous marriages experience physical, sexual, economic and emotional violence. The myth that second wives or young wives are pampered compared to first wives is disproved here. Even though it may happen occasionally, they are still at risk of economic violence. The most common form of economic violence are in the forms of abandonment or forcing their wives to work. Informal marriage and polygamous marriages continue to happen due to several conducive factors, among them: the low legal awareness of victims and lack of legal sanctions for perpetrators of informal marriages, the view that religion opens the possibility for informal marriages, the social paradigm which strengthens the superiority of men over women, family support and society’s permissiveness to informal marriages and the ongoing violence against women.
NIKAH SIRRI; PRESPEKTIF HUKUM ISLAM DAN HUKUM PERKAWINAN NASIONAL Masturiyah, Masturiyah
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 1 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.121.43-62

Abstract

In Indonesian society, marriage has legal dualism. Namely, marriage (which) should  be listed in the Religious Affairs Office (KUA) and the marriages were not recorded (Sirri marriage). In fact, if we examine more seriously, many Sirri marriages cause harm especially, on the part of women and children. And in fact, not the least negative effects caused by Sirri marriage. This paper discusses sirri marriage in the perspective of Islamic law and the National Marriage Law. Because sirri marriage not stated explicitly in both the Qur’an and hadith, hence, to determine the law (istinbat al-hukmi), jurists of Islamic law (in this case) do ijtihad whereby sirri marriage is categorized as al maslahat al murasalah, which refers to the maqasid al-shari’ah.  However, sirri marriage is actually problematic for several reasons. First, sirri marriage is not part of prophetic tradition. Because, the Prophet advocates and implements wedding party (walimah al-’Ursy) with aim to proclaim marriage to the public (i’lanun nikah). On the other hand, the recording of the marriage is the leader commands (Ulil Amri). Meanwhile, Allah and the Prophet ordered to obey the leader (Amri Ulil). Since the recording of the marriage will benefit Muslims (maslahah), then Muslims should stay away from harm (mudharat). Second, sirri marriage is not in accordance with the national law of marriage, because the point ‘marriage record’ does not exist in the concept of sirri marriage. Whereas, marriage registration set forth in Article 2, paragraph 2 of Law marriage, no. 1 of 1974 and article 2, paragraph 1, 2, 3 of Law no. 9 of 1975, the Code of Civil Law (KUHP) and the Compilation of Islamic Law (KHI).

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