Contestation between Fiqh and Culture in Indonesia: The Maqāṣid al-Sharī’ah Paradigm in Dangers of Forced Marriage against Women
Arifah Millati Agustina
Abstract:This article addresses the contentious issues between Islamic Jurisprudence (fiqh) and cultural practices related to forced marriage. Motivated by the widespread prevalence of forced marriage in society, often perpetuated with religious arguments, the research aims to provide insights into the meaning of the term “ijbar” in fiqh discourse. While fiqh interprets “ijbar” as a custodian’s right to coerce their daughter, the article highlights the specific term “ikrah” for coercion in Islamic law. Utilizing a qual… Show more
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