Gender Equality in Islamic Marriage Law through the Maqāṣid al-Sharī’a Perspective: A Study on Woman-initiated Divorce (Cerai Gugat) in Indonesia
The presence of gender equality issues in Islamic family law has already become a new challenge faced by Muslims to manifest and uphold the higher purpose of sharī’a (maqāṣid al-sharī’a). Thus, maqāṣid al-sharī’a as a theoretical framework should be able to accept adjustment depending on the circums...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Universitas Islam Negeri Walisongo Semarang
2024-04-01
|
| Series: | Sawwa: Jurnal Studi Gender |
| Subjects: | |
| Online Access: | https://journal.walisongo.ac.id/index.php/sawwa/article/view/22641 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849711995644805120 |
|---|---|
| author | Muhammad Mufti |
| author_facet | Muhammad Mufti |
| author_sort | Muhammad Mufti |
| collection | DOAJ |
| description | The presence of gender equality issues in Islamic family law has already become a new challenge faced by Muslims to manifest and uphold the higher purpose of sharī’a (maqāṣid al-sharī’a). Thus, maqāṣid al-sharī’a as a theoretical framework should be able to accept adjustment depending on the circumstance. This article aims to discuss the notion of gender equality in maqāṣid al-sharī’ah perspective, which is focused on two research questions, namely what is the perspective of maqāṣid al-sharī’a on gender equality discourse, especially in Islamic marriage law, and how can the reform of Islamic marriage law in the practice of divorce support the realization of a new paradigm of maqāṣid al-sharī’a to achieve justice. Using woman-initiated divorce (cerai gugat) in recent Indonesia as a case study and incorporating a normative legal approach along with the Islamic feminism theory proposed by Amina Wadud, the article concludes that the maqāṣid al-sharī’a applied in the Muslim legal tradition demonstrates the flexibility of Islamic law in adapting to various demands and circumstances. In the context of Islamic family law in Indonesia, it can be proven by the presence of woman-initiated divorce (cerai gugat) which has never been done before. It became a manifestation of the ability of maqāṣid al-sharī’a to reconcile contemporary issues such as the notion of gender equality. |
| format | Article |
| id | doaj-art-7371cef01466452abb3d15bc3b51f5e4 |
| institution | DOAJ |
| issn | 1978-5623 2581-1215 |
| language | English |
| publishDate | 2024-04-01 |
| publisher | Universitas Islam Negeri Walisongo Semarang |
| record_format | Article |
| series | Sawwa: Jurnal Studi Gender |
| spelling | doaj-art-7371cef01466452abb3d15bc3b51f5e42025-08-20T03:14:27ZengUniversitas Islam Negeri Walisongo SemarangSawwa: Jurnal Studi Gender1978-56232581-12152024-04-01191294610.21580/sa.v19i1.2264118878Gender Equality in Islamic Marriage Law through the Maqāṣid al-Sharī’a Perspective: A Study on Woman-initiated Divorce (Cerai Gugat) in IndonesiaMuhammad Mufti0Department of Islamic Studies, Faculty of Islamic Studies, Universitas Islam Internasional Indonesia, DepokThe presence of gender equality issues in Islamic family law has already become a new challenge faced by Muslims to manifest and uphold the higher purpose of sharī’a (maqāṣid al-sharī’a). Thus, maqāṣid al-sharī’a as a theoretical framework should be able to accept adjustment depending on the circumstance. This article aims to discuss the notion of gender equality in maqāṣid al-sharī’ah perspective, which is focused on two research questions, namely what is the perspective of maqāṣid al-sharī’a on gender equality discourse, especially in Islamic marriage law, and how can the reform of Islamic marriage law in the practice of divorce support the realization of a new paradigm of maqāṣid al-sharī’a to achieve justice. Using woman-initiated divorce (cerai gugat) in recent Indonesia as a case study and incorporating a normative legal approach along with the Islamic feminism theory proposed by Amina Wadud, the article concludes that the maqāṣid al-sharī’a applied in the Muslim legal tradition demonstrates the flexibility of Islamic law in adapting to various demands and circumstances. In the context of Islamic family law in Indonesia, it can be proven by the presence of woman-initiated divorce (cerai gugat) which has never been done before. It became a manifestation of the ability of maqāṣid al-sharī’a to reconcile contemporary issues such as the notion of gender equality.https://journal.walisongo.ac.id/index.php/sawwa/article/view/22641cerai gugatgender equalityislamic marriage lawmaqāṣid al-sharī’a |
| spellingShingle | Muhammad Mufti Gender Equality in Islamic Marriage Law through the Maqāṣid al-Sharī’a Perspective: A Study on Woman-initiated Divorce (Cerai Gugat) in Indonesia Sawwa: Jurnal Studi Gender cerai gugat gender equality islamic marriage law maqāṣid al-sharī’a |
| title | Gender Equality in Islamic Marriage Law through the Maqāṣid al-Sharī’a Perspective: A Study on Woman-initiated Divorce (Cerai Gugat) in Indonesia |
| title_full | Gender Equality in Islamic Marriage Law through the Maqāṣid al-Sharī’a Perspective: A Study on Woman-initiated Divorce (Cerai Gugat) in Indonesia |
| title_fullStr | Gender Equality in Islamic Marriage Law through the Maqāṣid al-Sharī’a Perspective: A Study on Woman-initiated Divorce (Cerai Gugat) in Indonesia |
| title_full_unstemmed | Gender Equality in Islamic Marriage Law through the Maqāṣid al-Sharī’a Perspective: A Study on Woman-initiated Divorce (Cerai Gugat) in Indonesia |
| title_short | Gender Equality in Islamic Marriage Law through the Maqāṣid al-Sharī’a Perspective: A Study on Woman-initiated Divorce (Cerai Gugat) in Indonesia |
| title_sort | gender equality in islamic marriage law through the maqasid al shari a perspective a study on woman initiated divorce cerai gugat in indonesia |
| topic | cerai gugat gender equality islamic marriage law maqāṣid al-sharī’a |
| url | https://journal.walisongo.ac.id/index.php/sawwa/article/view/22641 |
| work_keys_str_mv | AT muhammadmufti genderequalityinislamicmarriagelawthroughthemaqasidalshariaperspectiveastudyonwomaninitiateddivorceceraigugatinindonesia |