Protection of Women's Rights in Marriage According to the Compilation of Islamic Law and Its Implementation in Indonesia
DOI:
https://doi.org/10.38035/jlph.v5i5.1775Keywords:
Women's Rights, Women's Protection, Islamic LawAbstract
The issue of protecting women's rights in marriage still leaves various problems, especially regarding women's rights and their protection, especially in Islamic legal norms. Cases of domestic violence always place women as victims, the alignment between formal law and Islamic law is clear. However, the approach to resolving domestic violence against women always prioritizes a family approach and informal resolution, so that similar cases have the potential to recur. This study examines the protection of women's rights in marriage according to a compilation of Islamic law in Indonesia using a formal juridical approach and library research methods. This study found that the protection of women's rights has been comprehensively regulated in formal state law and Islamic law, but its implementation is still not optimal because in practice the protection of women's rights is still dominated by non-formal interests such as customary/cultural law, patriarchal cultural practices so that women's rights are marginalized.
References
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Ferdaus, J. (2017). Rights of Maintenance of a Muslim Wife under Islamic Law: A Legal Analysis. In Bangladesh Journal of Integrated Thoughts. academia.edu. https://www.academia.edu/download/104959960/160.pdf
Mutaqin, Z. Z. (2018). Culture, Islamic feminism, and the quest for legal reform in Indonesia. Asian Journal of Women’s Studies. https://doi.org/10.1080/12259276.2018.1524549
Nasir, M. A. (2016). Islamic law and paradox of domination and resistance: Women’s judicial divorce in Lombok, Indonesia. Asian Journal of Social Science. https://brill.com/view/journals/ajss/44/1-2/article-p78_5.xml
Poerwandari, E. K., Munti, R. B., & ... (2018). Pro-women’s policy advocacy movements in Indonesia: Struggles and reflections. Asian Journal of Women’s …. https://doi.org/10.1080/12259276.2018.1538646
Rajasenan, D., & Tharakan, A. (2022). Muslim Women Protection of Rights on Marriage Act and Divorce of Muslim Women in Malappuram District. Journal of Polity and …. https://journalspoliticalscience.com/index.php/i/article/view/238
Silfiah, R. I., & Humiati, H. (2023). The Relevance of Gender Mainstreaming in Indonesia to Women’s Rights in Islamic Law. Lampung Journal of International Law. https://jurnal.fh.unila.ac.id/index.php/lajil/article/view/2757
Widjaja, G. (2023). Review on the Women’s Rights and Islamic Law in Southeast Asia. In Journal of Law and Sustainable Development. ojs.journalsdg.org. https://ojs.journalsdg.org/jlss/article/view/751
Ali, M., Abdul, I., Wasifu, A., & ... (2019). Impact of Islamic Religion Stereotypes on the Status of Women. … African Journal of Arts and …. https://journals.eanso.org/index.php/eajass/article/view/82
Ferdaus, J. (2017). Rights of Maintenance of a Muslim Wife under Islamic Law: A Legal Analysis. In Bangladesh Journal of Integrated Thoughts. academia.edu. https://www.academia.edu/download/104959960/160.pdf
Mutaqin, Z. Z. (2018). Culture, Islamic feminism, and the quest for legal reform in Indonesia. Asian Journal of Women’s Studies. https://doi.org/10.1080/12259276.2018.1524549
Nasir, M. A. (2016). Islamic law and paradox of domination and resistance: Women’s judicial divorce in Lombok, Indonesia. Asian Journal of Social Science. https://brill.com/view/journals/ajss/44/1-2/article-p78_5.xml
Poerwandari, E. K., Munti, R. B., & ... (2018). Pro-women’s policy advocacy movements in Indonesia: Struggles and reflections. Asian Journal of Women’s …. https://doi.org/10.1080/12259276.2018.1538646
Rajasenan, D., & Tharakan, A. (2022). Muslim Women Protection of Rights on Marriage Act and Divorce of Muslim Women in Malappuram District. Journal of Polity and …. https://journalspoliticalscience.com/index.php/i/article/view/238
Silfiah, R. I., & Humiati, H. (2023). The Relevance of Gender Mainstreaming in Indonesia to Women’s Rights in Islamic Law. Lampung Journal of International Law. https://jurnal.fh.unila.ac.id/index.php/lajil/article/view/2757
Widjaja, G. (2023). Review on the Women’s Rights and Islamic Law in Southeast Asia. In Journal of Law and Sustainable Development. ojs.journalsdg.org. https://ojs.journalsdg.org/jlss/article/view/751
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