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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Syakhshiyyah Jurnal Hukum Keluarga Islam
Ghummiah, Shivi Mala
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Islam dan Isu Gender: Kesehatan Reproduksi Perempuan dalam Relasi Pernikahan Ghummiah, Shivi Mala; Mualifah, Lisna
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 1 (2024): Syakhshiyyah: Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v4i1.9251

Abstract

Women's reproductive health has become a global conversation, especially in relation to the topic of early marriage. The topic of women's reproductive health is not only concerned with the cases that have occurred, but also the problems that cause many issues related to women's reproductive health to still occur. This research aims to elaborate the gender perspective with existing Islamic knowledge to achieve an understanding of women's reproductive health in a good marriage relationship and in accordance with Islamic law. This research is a library research (Library Reseach) by using references to Al-Qur'an verses, tafsir, books and articles relevant to the research. The data collected will be analyzed using qualitative methods. The approaches used in this research are normative and gender approaches. The result of this research is that the protection of women's reproductive health is something that must be pursued to realize family resilience and reduce the number of women exposed to risks from the reproductive process, such as maternal mortality and childbirth. In addition, maintaining women's reproductive health is included in the efforts of hifz nafs and hifz nasl in maqashid sharia.
A Gender-Based Maqashid Sharia Study of Penghulu in Indonesia (A Study of Jasser Auda's Views) Maliki, Ibnu Akbar; Zaelani, Abdul Qodir; Ardi, Muh Zaitun; Ghummiah, Shivi Mala
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16447

Abstract

The Penghulu in Indonesia has always been identified and held by men instead of women. The legal opportunity in Ministry of Religious Affairs Regulation No. 20/2019 on Marriage Registration has been annulled by Compilation of Islamic Law (KHI), which requires men as guardians, where the existence of marriage guardians is one of the duties of the head of the family, which inhibits women from serving as head of the family. Although fiqh as the main source of KHI has given legality to women as marriage guardians, KHI does not adopt arguments in favour of women becoming marriage guardians. Whereas the duties of the penghulu are not only limited to wali hakim, there are many duties of benefit in marriage such as providing legal certainty through marriage registration. This article aims to find out the existence of female headmen in Indonesia in the perspective of maqashid sharia. The research employs a literature content analysis. The results showed that based on the study of the six features of maqashid sharia proposed by Jasser Auda, the existence of female headmen is basically something that should be commonplace in Indonesia. The value of maslahah behind the administrative duties and legal certainty of marriage is an objective reason for women to serve as penghulu. This is because realising benefit is the obligation and responsibility of every human being, regardless of gender. This is supported by the existence of cognitive features, wholeness, openness, interrelationship between levels, multi-dimensionality, and meaningfulness of women's headship which has fulfilled the elements of maslahat and the objectives of Islamic law. Therefore, through this research, the reconstruction of guardianship law in KHI should be carried out immediately so that it can pave the way for women to access the position of penghulu.
Co-Authors Abdul Qodir Zaelani Ardi, Muh Zaitun Maliki, Ibnu Akbar Mualifah, Lisna