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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 8 Documents
 1 
Search results for , issue "Vol. 12 No. 2 (2013)" : 8 Documents clear
PANDANGAN MAJLIS TARJIH DAN TAJDID MUHAMMADIYAH TENTANG NIKAH SIRRI DAN ITSBAT NIKAH: ANALISIS MAQASHID ASY-YARI’AH Wahid, Wawan Gunawan Abdul
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 2 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.122.215-236

Abstract

Among the issues on marriage hotly discussed are the types of marriages frequently  causing problems in society. One of these marriages are sirrimarriages, which are still often declared religiously valid by several parties. Observing the problem raised by sirrimarriages, among them dues to its lack of documentation, Muhammadiyah –through MajlisTarjihand Tajdid- views that all marriages must be registered. Meanwhile, Muhammadiyah also holds the view that marital itsbatis a facility  prepared by the state only for exceptional circumstances of sirrimarriages prior to the  enactment of Law No. 1 of 1974. The analysis on the views of Muhammadiyah will be conducted according to the theory of maqashidasy-syari’ah.
PERKAWINAN YANG TIDAK DICATATKAN: DAMPAKNYA BAGI ANAK Joni, Muhammad
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 2 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.122.237-259

Abstract

The analysis in this article will utilize the principles of non-discrimination and  the best interest of the child. The principle of non -discrimination is central in all international human rights convention. This principle of non-discrimination is deeply entwined with the principle of the best interest of the child. The latter principle is of paramount consideration in the issue of marriage registration. This article stresses that registration of marriage is not simply a simple nor personal issue, but also raises the issue of the rights of children. Therefore, this issue cannot be distanced from the  responsibility and role of the state. Unregistered marriages have a direct effect on  children as legal subjects, and individual whose rights are guaranteed, recognized and protected. Unregistered marriages are simply incompatible with the rights of children, as those marriages are positioned vis-à-vis the need for child protection, whether in family law or their individual fulfillment of rights. The legal consequence from such unregistered marriages is unfairly burdened on children. Therefore, the risks and consequences of such marriages stand as a barrier to children’s rights. The legal vacuum which arise must be dealt with. Children born from unregistered marriages must still have a legal relationship with both parents, a relationship which cannot be subverted legally. Even when born from unregistered marriages, the non-marital child must still have civil relations with his biological mother and her kin as well as his biological father and his kin.
PERNIKAHAN TANPA PENCATATAN: ISBAT NIKAH SEBUAH SOLUSI? Nurlaelawati, Euis
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 2 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.122.261-277

Abstract

The Indonesian Islamic family law, through the kompilasi and the Law of Marriage  of 1974, states that a marriage must be concluded in the presence of an official marriage registrar or must be registered. However, the laws differentiate between the religious validity and the state legality of marriage.  They therefore do not consider a marriage as a religiously invalid if the parties concerned fail to register their marriage. In fact, considered illegal by the state, unregistered marriages are not seen as unlawful by religious authorities. It seems clear that the kompilasi is anxious not  to deviate from the classical doctrine of marriage. This paper discusses unregistered  marriage according to Indonesian State Islamic family law and in practical level and its legal impacts. It criticizes the rules on registration of marriage and its solution. Presenting a number of cases of unregistered marriages and some views of relevant authorities, it argues that there have been abuses in the application of the relevant rules on both registration marriage and isbat nikah.
PENCATATAN SEBAGAI SYARAT ATAU RUKUN PERKAWINAN: Kajian Perpaduan Tematik dan Holistik Nasution, Khoiruddin
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 2 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.122.165-185

Abstract

This paper aims to prove that the registration of marriages is one of the requirements  of marriage, which means unregistered marriagesare illegal. The basic reasonsfor this conclusion is two-fold. First, the Prophet Muhammad had commanded public notices of marriage (walimahan, iklan). The purpose of this public notice is to secure the rights of spouses so that couples can achieve the purpose of marriage: a harmonious family. In fact, public notices are means to achieve this. Thus a contextual change is possible to changes the legal form as a mean to achieve the objectives of the marriage. Registration of marriage (marriage certificate) is a kind of contextualization of the command for the public notice of marriage. This contextualization is necessary because it is more effective and efficient to guarantee the achievement of a harmonious family as the ultimate goal of marriage. Second, Indonesian citizens must obey the rules of registration of marriage as set out and defined in the Act no. 1 of 1974 on Marriage [Marriage Act], as it is an implication of the obligation to obey the government (uli al-amr). Therefore, Indonesian citizens  who do not comply with the contents of Marriage Act is disobeying the government.  Furthermore, the Indonesian government has the right to make rules for creating welfare for the community (mashlah), being Indonesian citizens. Consequently, citizens are required to obey rules set by the Indonesian government for the whole welfare of community, and it is clear that the purpose of registration of marriage is for welfare of Indonesian citizens
POLITIK HUKUM ITSBAT NIKAH Rahayu, Ninik
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 2 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.122.279-294

Abstract

Marital Itsbat is still necessary as a policy, even for marriages conducted prior to the  entry to force of Law No. 1 of 1974 on Marriage. Changes regarding the provision of Itsbat are necessary to ensure that the law could still act as the guardian of legal certainty to achieve justice for citizens. In reality, a policy of legitimizing marital. Itsbat is necessary in Indonesia’s legal politics, which is not only based on past marital laws (iusconstituendum), current laws but must also encompass the need to regulate future marriages (iusconstitutum. Considering thse needs, the policy in question must not only fulfill the needs of Muslims, but also those who are deprived  of the chance to legitimize their marriages’ documentation; whether due to poverty, ignorance or other factors (such as the religious validity of the couple), migration or other issues. This material change of Itsbat should still be based on the principle of protection and non-discrimination towards women so that it can still give a sense of justice to women. In other words, it should not only stem from the fulfillment of the requirements in Law No. 1 of 1974, which in reality has been proven to be discriminatory to women.
NIKAH SIRRI DAN ISTBAT NIKAH DALAM PANDANGAN LEMBAGA BAHTSUL MASAIL PWNU YOGYAKARTA Masduqi, Irwan
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 2 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.122.187-200

Abstract

This article will address the terminology of sirrimarriages, which has been completely  misinterpreted in Indonesia. Besides attempting to clarify this terminological problem, this paper will also discuss the debate on the law of sirrimarriages through the perspectives of classical and contemporary ulamas who have become the source for consideration for activists from BahtsulMasail PWNU Yogyakarta in reacting to this issue. A discussion no less important is the proposal for a new fiqhon marriage (fiqh al-munakahah al-jadidah) recommending the registration of  marriage as an extra requirement of the validity of marriage. This paper will offer  a solution to address the legal conundrum surrounding Law No. 50 of 2009 and Article 7(3) of the Compilation of Islamic Law, which regulates a court’s right to legalize marriages (marital itsbat) prior to the enforcement of Law No. 1 of 1974, whereas many of such requests for itsbat are done for cases of unregistered polygamy after the enactment of Law No. 1 of 1974.
BOOK REVIEW: MENAKAR HAM PEREMPUAN DALAM KUHP Marhumah, Ema
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 2 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.122.295-302

Abstract

Judul Buku : HAM Perempuan (Kritik Teori Hukum Feminis Terhadap KUHPPenulis : Niken SavitriEditor : Aep GunarsaISBN : 979-1073-55-4Penerbit : Refika Aditama, 2008“Hukum di Indonesia pada saat ini  belum banyak berpihak kepada perempuan”. Statemen ini yang pantas di kedepankan ketika membaca buku yang ditulis oleh Niken Savitri . Betapa tidak Deklarasi Universal Hak Hak Asasi Manusia (DUHAM 1948) harus diakui belum memberikan pernyataan secara eksplisit tentang hak- hak perempuan. 
PERNIKAHAN YANG TIDAK DICATATKAN DAN PROBLEMATIKANYA Ma’sum, H. Endang Ali
Musawa Jurnal Studi Gender dan Islam Vol. 12 No. 2 (2013)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2013.122.201-213

Abstract

Marriage is essentially much more than an akad (agreement) allowing for sexual  relations between husband and wife, but is the vocal point of communal life. Therefore, marriage holds an important meaning in human life and forms the cultural patterns to create and control strong foundations in domestic life. In its secondary function, marriage becomes the pillar for a larger order in social life, from the communal to the national level. Therefore, legal and administrative order must be implemented, among them the registration of marriage. An unregistered  marriage causes negative consequences for the marriages itself, to the children  born from that marriage and the corresponding legal issues. Therefore, this article pushes for courage on behalf of the ulama to insert marital registration as a rukun (religious requirement) for marriage in accordance with Indonesian fiqh, to clarify that unregistered marriages are illegal and to push the Indonesian public to consider such instances with greater scrutiny.

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