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All Journal ULUL ALBAB Al-Mawarid Jurnal Hukum Islam Sawwa: Jurnal Studi Gender Al-Daulah : Jurnal Hukum dan Perundangan Islam Dialogia: Jurnal Studi Islam dan Sosial
Ita Musarrofa, Ita
FIAI UII
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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POLIGAMI: ANTARA LEGALITAS FORMAL DAN LEGALITAS BUDAYA (Studi Kasus Praktek Poligami Kyai Pesantren di Probolinggo Jawa Timur) Musarrofa, Ita
Al-Mawarid Jurnal Hukum Islam Vol 14 (2005): Pembaharuan Hukum Keluarga di Indonesia: Urgensi, Kontroversi dan Solusinya.
Publisher : Islamic University of Indonesia

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Abstract

Law is not only as a tool of social control but also as that of social engineering. As a tool of social engineering, law can be conducted to direct and change society, so did the restrictive decision regarding poligamy of Act No. 1 year 1974. The goal of this act is to direct and to regulate poligamy to become responsible and regularly. The main problem in this context is is it possible the restrictive can be conducted by society effectively while the phenomemon of poligamy tends to contrary to this act? The result of this researh revealed that the restrictive decision of poligamy of this act in term of the effectivity, the community of kiyai of pesantren at Probolinggo East Java, this act did not run effectively. This means that is not in accordance with the act. This happens because of internal motivation of kiyai factor and external or culture as supported factor.
PORNOGRAFI DAN PORNOAKSI DI ANTARA KERAGAMAN NILAINILAI BUDAYA Musarrofa, Ita
Al-Mawarid Jurnal Hukum Islam Vol 15 (2006): Fiqh dan Kontroversi Seputar Legislasi Pornografi dan Pornoaksi
Publisher : Islamic University of Indonesia

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Abstract

Nowadays the member of Indonesian Senate discuss about the proposed academic manuscript regarding pornography and pornoaction. And this act becomes priority over that of other regulation. But, the articles of the act emerge controversies. The controversies because of the plurality of Indonesian cultures. The question is how the differences of cultures influence on society perspective concerning pornography and pornoaction. According to the writer of the following article it needs to be reflecting the relation between morality and law in Indonesia, including the act of pornography and pornoaction. Kata kunci: pornografi, pornoaksi, kontroversi, moral, dan budaya.
Islam dan Masa Depan Hak Asasi Manusia Menurut Abdullah Ahmed Al-Na’im Musarrofa, Ita
al-Daulah: Jurnal Hukum dan Perundangan Islam Vol 3 No 2 (2013): Oktober 2013
Publisher : Prodi Siyasah Jinayah (Hukum Tata Negara dan Hukum Pidana Islam) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (14.419 KB) | DOI: 10.15642/ad.2013.3.2.260-278

Abstract

Abstract: The reality of the modern world necessitates a Muslim to rethink about how to be a Muslim in the middle of the interdependence of security, politics, social and culture. This makes Abdullah Ahmed al-Naim, a Sudanese Muslim intellectual, be restless. The provision of international legal guarantees for the implementation of the collective right of every nation to self-determination make Muslims play the majority of mobilizing their identity in the form of an Islamic state and the implementation of shari’ah itself. However, the affirmation of the collective right to self-determination must be placed within the framework of providing justice for all citizens regardless of sex, race and religion. Herein lies the problem of the implementation of Islamic shari’ah. It is because in some cases, the implementation of Islamic shari’ah actually violates Human Rights, especially the rights of women and non-Muslims. Al-Naim seeks a peaceful path that Human Rights which established by the United Nations gets the legitimacy of Islam, so that the implementation of the collective right to self-determination by Muslims is not contrary to the values of Human Rights that have been declared universally.Keywords: Human rights, universal, shariah, Abdullah Ahmed al-Naim
ANALISIS WACANA KRITIS TERHADAP FATWA BAHTSUL MASA’IL TENTANG PEREMPUAN Musarrofa, Ita
ULUL ALBAB Jurnal Studi Islam Vol 18, No 2 (2017): Islamic Law
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.256 KB) | DOI: 10.18860/ua.v18i2.4523

Abstract

This article examines the fatwa of Bahtsul Masa’il on women using Critical Discourse Analysis. Two matters of research problem is how Bahtsul Masa’il fatwa on women and how the Critical Discourse Analysis of the fatwa Bahtsul Masa’il about women. There are twelve fatwa on women decided by Bahtsul Masa’il forum, seven of which talk about the role of women in the public world. They were analyzed using Critical Discourse Analysis framework involving three levels of analysis, namely text, social cognition and context. Texts of Bahtsul Masa’il decision on women represent women as being vulnerable to libel and can bring slander. Women are also represented as weak creatures who need supervision and protection of men. Fatwa text that is bias arises from the procedure of making fatwa which highly favor the yellow book. While the yellow book itself tends to put women in the private sphere and look down on women. In addition, the frame of the community producing Bahtsul Masa’il fatwa (religious leader and religius students) are also the result of the internalization of norms and values of yellow book as the idol at the pesantren. In context level, the fatwa which tends to give a negative identity toward women is born out of the context of the patriarchal society.
Penerapan Syariah dan Implikasinya Terhadap HAM (Studi atas pemikiran Abdullahi Ahmed An Naim Musarrofa, Ita
Dialogia: Jurnal Studi Islam dan Sosial Vol 6, No 2 (2008): DIALOGIA JURNAL STUDI ISLAM DAN SOSIAL
Publisher : IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2759.196 KB) | DOI: 10.21154/dialogia.v6i2.1266

Abstract

Abstrak
BIARKAN PEREMPUAN BICARA: ANALISIS KEKUATAN METODE LIFE HISTORY DALAM MENGHADIRKAN PENGALAMAN DAN PENGETAHUAN PEREMPUAN DALAM PENELITIAN ANN GOETTING Musarrofa, Ita
Sawwa: Jurnal Studi Gender Vol 14, No 1 (2019): April
Publisher : Pusat Studi gender dan Anak (PSGA) Universitas Islam Negeri Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (132.608 KB) | DOI: 10.21580/sa.v14i1.3370

Abstract

Women's experience and knowledge are two substantive things that must be a concern in order to reconstruct the reality of women, in order to overcome the bias of the roles of men and women in life. This paper aims to examine subjective methods that are able to see the reality of women from the lens of women's experience and knowledge so that women have strategic value in their own lives. This study uses field research methods, with data collection techniques from a variety of narratives of women's life history narratively with life history data analysis techniques. This study produces findings that the method of life history is able to identify the subjective experiences of women in constructing their own reality, based on the root experiences of violence that befell them. Second, women's experiences and knowledge about violence can be utilized as a conscious effort to deal with violence, dare to speak out injustice, and rise from the violence they experienced.
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