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All Journal Teosofi: Jurnal Tasawuf dan Pemikiran Islam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Umi Chaidaroh
Universitas Islam Negeri Sunan Ampel Surabaya
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Rigiditas dan Fleksibilitas Diskursus Fiqih Wanita Hizbut Tahrir Umi Chaidaroh
Teosofi: Jurnal Tasawuf dan Pemikiran Islam Vol. 7 No. 2 (2017): December
Publisher : Department of Aqidah and Islamic Philosophy, Faculty of Ushuluddin and Philosophy, Sunan Ampel State Islamic University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (491.577 KB) | DOI: 10.15642/teosofi.2017.7.2.459-492

Abstract

Many women in modern times take part in public spaces. Moreover, women are also involved with Islamic movements, which are often associated with fundamentalist movements such as Hizbut Tahrir (HT). In Indonesia, HT has a wing of women’s organization called the Muslimah Hizbut Tahrir Indonesia (MHTI). Women’s activists play a pivotal role in the public space to help HT achieve its goals. Fundamentalist women who work in the public sphere seem to contradict the growing assumption asserting that Islamic fundamentalist movements are often associated with the magnitude of oppression against women. It has been, however, seems to be a paradox. Considering the aforementioned argument, it is important to examine the thoughts concerning women’s jurisprudence of HT. Using a comparative approach, this study focuses on written literature as the main source. The study results prove that the thought concerning women’s jurisprudence of HT tends to be rigid. Interestingly, however, the study also finds that the jurisprudence shows its flexibility within particular cases, but it is even called liberal.
Childfree, the Digital Era, and Islamic Law: Views of Nahdlatul Ulama, Muhammadiyah, and Gender Activists in Malang, Indonesia Erfaniah Zuhriah; Erik Sabti Rahmawati; Melinda Aprilyanti; Umi Chaidaroh; Mufidah Ch
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023)
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.17753

Abstract

Childfree is a life choice not to have children after or before marriage, whether biological children, stepchildren, or adopted children. This article discusses how childfree is influenced by the digital era and what the perspective of Islamic law is according to the views of ulama and gender activists in Malang, East Java. This empirical legal study used legal sociology and maqāṣid al-sharī’ah approaches. Data were collected by means of in-depth interviews and a literature review. Findings showed that child-free development in Indonesia has been influenced by the digital era through online media, which quickly spread and made it easier for people from various countries to interact and share information. One of the objectives of Islamic law (maqāṣid al-sharī'ah) is to maintain offspring (hifz al-nasl) through marriage. According to the ulama, being childfree is contrary to Islamic law and the nature of humanity. According to the Nahdlatul Ulama, Muhammadiyah, and gender activists, the laws on childfree can be summed up in two ways: haram and mubah. Childfree is haram (unlawful) because it is contrary to maqāṣid al-sharī’ah, i.e., preserving offspring, as it is also the goal of marriage. Childfree is mubah (allowed) if there are reasons that are condoned by the sharia, e.g., health problems, physical limitations, and psychological conditions that prevent the wife from having children. Sociologically, the government and all related parties need to provide education to the public so that the meaning of childfree can be understood properly and correctly.
Co-Authors Erfaniah Zuhriah Erik Sabti Rahmawati Melinda Aprilyanti Mufidah Ch