Eklektisisme dalam Taqnîn Hukum Keluarga di Dunia Islam

Abstract

The Qur’ân was revealed with justice and equality for human beings regardless of their sex, race, social class and ethnicity, as cardinal principles and intrinsic values in Islamic sharî‘a. If this is the case, modern Muslim society with Islamic law is necessarily of equality and justice. However, their family laws which are grounded on assumptions of past centuries and have little bearing on contemporary realities have not reflected gender relations. Inequality that occurs within the context of Muslim family laws is one of the subtle but most pervasive areas of discrimination against women. It has resulted in a different set of dynamics that help create new demands in favor of change of laws. This study explores the reform strategy through legal mobilization in the Muslim family laws around the world. The findings of the study reveal that the substantive and pluralistic legal mobilization is important to Muslims, and the reinterpretation and renewal of laws have been mobilizing debates among both proponents and opponents, framed by orientations to the modernists who advocate reinterpretation of the original sources and the traditionalists who insist on literal adherence to the received doctrinal corpus.

Eksistensi Taqnin dalam Negara Hukum Modern dan Relevansinya dalam Dinamika Legislasi di Indonesia

“…11 Bentuk masdar dari qannana ‫َّنََ(‬ ‫َن‬ ‫,)ق‬ yang berarti membentuk undangundang. 12 Dari kata taqnin dimaknai membuat atau menetapkan undang-undang, atau membatasi. Taqnin seakar dengan kata qanun yang berasal dari bahasa Yunani Canon atau atau kaneh dalam bahasa Ibrani.…”

Gender Specificity in Democratic Elections: International Implementability as an Exemplary for Indonesian Political Landscape

“…Recent developments show that countries with strong restrictions on the role and status of women, such as in the Middle East and North Africa, have encouraged the legalization of women's rights and roles. This not only includes women's rights in the private and domestic sphere, but also prohibits forms of discrimination at the local level, and encourages the role of women in the public domain, as well as policy making and political participation (Ghofur & Sulistiyono, 2014;Sadiqi & Ennaji, 2006).…”