
The hijab carries multiple meanings, representing spirituality, societal expectations, and political identity. However, Sayyid Muhammad Alawi al-Maliki regards the hijab as a normative obligation that reflects moral and spiritual values, capable of shaping a women-friendly social order. This study aims to present a new perspective on the obligation of hijab by examining the interpretation of Sayyid Muhammad Alawi al-Maliki, with particular attention to the construction of his arguments grounded in Islamic moral and spiritual values. This study adopts a qualitative approach utilizing a library-based research method, in which data are systematically analyzed through content analysis. The primary source of data is Al-Maliki’s work titled Adabul Islam fi Nizamil Usrah, while secondary sources include books, works of classical and contemporary scholars, and journal articles related to the research theme. Findings indicate that al-Maliki understands hijab not merely as a religious obligation, but as part of a social transformation process that strengthens the status and dignity of women within Islamic society. The hijab serves not to isolate women, but to foster environments in which their contributions may flourish without the encumbrance of sexual objectification or social marginalization. His ideas serve as a critical response to Western views that problematize the hijab, by promoting a historical-theological approach rooted in authentic hadiths. This study offers a fresh perspective by examining the hijab discourse through spiritual and social dimensions, as interpreted in Al-Maliki’s thought.
Women involved in unregistered polygamous marriages experience compounded vulnerability, as they not only bear the social and psychological burdens of polygamy but also lose access to legal protection due to the prohibition of polygamy isbat under Supreme Court Circular Letter (SEMA) No. 3 of 2018. This restriction results in the systematic neglect of their rights as wives and citizens, including difficulties in obtaining civil registration documents, maintenance and inheritance rights, social recognition, and equitable marital relations. This study employs a normative juridical approach with descriptive analysis, utilizing statutory review and a comparative examination of legal scholars’ arguments both supporting and opposing polygamy isbat for unregistered marriages. The findings reveal a clear division among legal experts: one group advocates permitting polygamy isbat to ensure justice and legal protection for women, while the other rejects it on grounds of legal order, adherence to SEMA, and legal certainty. Based on this analysis, the study proposes two alternative solutions: first, fully opening access to polygamy isbat to promote women’s welfare; and second, adopting a selective judicial approach by granting petitions that provide substantive benefit while issuing niet ontvankelijke verklaard decisions for non-substantive cases. This study underscores the urgent need to balance substantive justice for women with the principle of legal certainty within the Indonesian family law system.
This paper examines the dominance of gender relations in the theory of Qira’ah Mubadalah, introduced by Faqihuddin Abdul Kodir as a hermeneutical method for interpreting religious texts based on the principle of reciprocity. In essence, Qira’ah Mubadalah is a universal approach, derived from Qur’anic verses that emphasize justice, equality, and partnership in social relations. However, in its practical application, the theory has been primarily focused on gender issues, particularly the relationship between men and women in both domestic and public spheres. This orientation is inseparable from the patriarchal culture and gendered nature of the Arabic language, as well as from Faqihuddin’s feminist perspective as its initiator. Employing a literature study, this research explores the ideas, principles, and application of Qira’ah Mubadalah and situates it within the framework of contemporary Qur’anic hermeneutics and feminist exegesis. The study finds that while Qira’ah Mubadalah significantly contributes to promoting more gender-just interpretations, its dominance in gender-related discourse makes it appear partial. Therefore, Qira’ah Mubadalah should be extended to a broader range of social relations in order to fully embody the Qur’an’s universal spirit.
Fadia Faqir's novel Ismi Salma presents a complex narrative about the experience of Arab women who live in exile and identity disconnection in the midst of cultural clashes between Hart and West. Through the character of Salma, Faqir depicts women's struggles in dealing with trauma, patriarchy, and weistence in a foreign land that does not fully accept ber existence. Although this novel har been widely studied from the perspective of diaspora, identity, and trauma, Blaine Showalter's gynocritical approach has never been applied to analyze it. This study was conducted to examine the representation of Arab women's experiences in Ismi Salma's novel and explore the influence of Fadia Fagir's background as a female writer in the construction of female characters and narratives in it. The method used is descriptive qualitative analysis with a gynocritical approach that includes four main models: biology, language, psychology, and female culture. The results show that Fadia Faqir consciously write from a female perspective, rairing bodily experiences, prychological trauma, social alienation, and resistance to patriarchal culture. The character of Salma comet ar a female witness who represents the voice of Arab diasporic women who are marginalized but still trying to redefine bome, identity, and freedom. The implications of this study emphasize the importance of the gynocritical approach in revealing women's narratives from the perspective of women themselves, as well as enriching the study of feminizm in Arab diasporic literary works.
Gender dysphoria, as a condition of discomfort resulting from a mismatch between gender identity and biological sex, is analyzed as a complex biopsychosocial problem. Gender identity disorder is a psychological condition that is distinct from sexual orientation, but there is also a relationship. Although society generally interprets this disorder as only being experienced by transgender people, the fact is that people who are not transgender can also suffer from this disorder. This study uses a qualitative-analytical method through literature review and thematic analysis of the collected textual data. The result is a prohibition against physical changes made by individuals with gender dysphoria or otherwise, based on efforts to preserve the authenticity of creation (fitrah) and prevent harm. Exceptions are only made for intersex conditions that require biological clarification. As an alternative, the recommended treatment is through a psychological-spiritual approach. Given that gender dysphoria is closely related to psychological disorders resulting from such discomfort, psychotherapy such as cognitive behavioral therapy, individual, family, and group therapy is considered more in line with human nature. This approach aims to help individuals manage dysphoria, strengthen self-acceptance, and align their psychological condition with the nature of creation, rather than making physical changes that are prohibited.
This study focuses on analyzing the enforcement of criminal law in cases of sexual intercourse with children in Indonesia, with particular attention to the balance between legal certainty and victim-oriented justice. The research aims to examine the extent to which criminal justice practices have accommodated the interests of child victims, to identify the limitations of a retributive approach, and to propose an alternative conceptual framework based on the theory of Dignified Justice.This research employs a normative legal research method using statutory, conceptual, and theoretical approaches, complemented by secondary empirical analysis of Decision of the Kuningan District Court Number 5/PID.SUS/2024/PN.KNG. Data were collected through a literature review of primary, secondary, and tertiary legal materials, including legislation, court decisions, reputable international journals, and relevant academic literature. Data validity was ensured through source triangulation and theoretical triangulation to maintain consistency, reliability, and analytical accuracy. The findings indicate that sentencing in this case reflects normative firmness and proportionality in accordance with positive law. However, the criminal justice process remains dominated by an offender-oriented approach and has not explicitly incorporated victim recovery mechanisms, such as restitution and psychological rehabilitation. As a result, the justice delivered tends to be merely symbolic from the victim’s perspective. This study also identifies that sexual crimes against children are influenced by a combination of internal offender-related factors and structural external factors. From the perspective of Dignified Justice, this research emphasizes the urgency of reformulating child criminal law to integrate offender punishment, victim recovery, and structural prevention as unified objectives of criminal justice.
This study analyzes the harmonization of the implementation of restorative justice in Indonesia through a comparative normative empirical approach involving five countries, namely New Zealand, Australia, Canada, South Africa, and Indonesia. The type of research used is normative-empirical legal research with legislative, conceptual, comparative law, and sociological legal approaches. Normative analysis of restorative justice regulations is combined with empirical data to assess legal consistency, institutional capacity, and integration of socio-cultural values in practice. Data collection was carried out through document studies of laws and regulations, institutional policies, and scientific literature, as well as in-depth interviews with law enforcement officials, restorative justice facilitators, and community leaders. The validity of the data is maintained through triangulation of sources and methods. Data analysis was carried out qualitatively using content analysis, comparative analysis between countries, and the Miles and Huberman interactive analysis model which includes data reduction, data presentation, and conclusion drawn. The results show that New Zealand has the highest level of effectiveness through a comprehensively integrated legislative framework, while Indonesia still faces sectoral regulatory fragmentation with limited implementation beyond children's cases. Comparisons show Indonesia scores lowest in system integration and institutional support, despite having strong potential in community-based mediation practices and customary values. The main challenges include weak legal harmonization and limitations in monitoring and evaluation systems. This study contributes to the development of a contextual and sustainable model of restorative justice implementation in a pluralistic legal system.
This study aims to look at the implementation of gender equality in PMII Komisariat Al-Ghozali Semarang by using four main indicators: access, participation, control, and benefits. In addition, this study also explores the supporting and inhibiting factors that influence the realization of gender-equitable leadership. This research uses descriptive qualitative method with participatory observation, in-depth interviews, and documentation as data collection techniques. The informants consisted of the chairperson, secretary, head of the internal division, and two general members. The findings show that women administrators have gained relatively equal access and opportunities to participate. However, they are still underrepresented in aspects of control and strategic decision-making, which are still largely dominated by male colleagues. Supporting factors include early exposure to gender awareness through formal regeneration programs such as the New Member Admission Period and the Gender Islamic School. Meanwhile, inhibiting factors mainly consist of low self-confidence among female cadres and male dominance in key organizational roles. This research offers a new perspective by discussing gender equality in the context of faith-based student organizations-an area that remains largely unexplored. The findings of this study contribute to efforts to shape internal organizational policies that are more inclusive, participatory, and responsive to gender justice.
This study analyzes the involvement of women in the marine mining sector in Belo Laut Village, Mentok District, West Bangka Regency. Mining activities are indetik with masculine activities that must have physical strength, but women in Belo Laut Village play an important role in going through mining activities commonly called "Ngereman", namely bartering basic necessities with tin mining products. The data was then reduced, analyzed and interpreted with the aim of exploring the motivations, challenges and perceptions of local communities in the involvement of women in the mining sector. The results of this study show that the factor of women's involvement in the mining sector is an economic factor so that women carry out "Ngereman" activities. The challenges faced are such as a poor environment, the presence of substances that harm the body to the existence of forms of sexual harassment, both verbal and non-verbal. This mining activity has given rise to a very diverse perception of women's involvement, with some considering it a reasonable economic adaptation and part of local traditions. The results of this study are expected to provide recommendations to both the local and central governments to recognize the existence of women in informal mining activities, such as ngereman, and provide special protection regulations related to the safety, health, and rights of women in this sector. In addition, a policy of limited legal recognition of "ngereman" activities as part of the informal economy that supports poor families, accompanied by supervision and social protection mechanisms, is needed.
This article examines the issue of human trafficking at once how did the Prophet effort in countering it in the early period of Islam. Indeed, the term of human trafficking has not arisen yet in the Prophet‟s period. However, because the human trafficking was considered as a modern slavery, then the hadith that narrated regarding slavery practices at the time it can be as data of this study. This study concludes the practice of the elements human trafficking have been in the Prophet‟s period, even it far away before that. Precisely Prophet Muhammad with Islam eradicates the practice of slavery bit by bit. At least, there are four efforts that the Prophet did exterminate the slavery at the time: First, to elevate the slave‟s level for equaling the normal human being and to act good to the slave. Second, to motivate the Companions in order to compete to liberate the slave. Third, to intimidate those who do the practices of human trafficking. Fourth, to make the liberation of slavery as the mechanism to apply the sanction for the infraction of religion teachings (kaffārah).
The purpose of this paper is to eradicate sexual violence committed by members of the Congolese Police and to address sexual violence in the DRC, particularly by fighting impunity and providing protection for victims and witnesses. This paper analyzes the implementation of UNSCR 1325 in the DRC through the lens of the WPS framework. A qualitative research method is employed, using literature study as the primary data collection technique. The result is that implementation of the NAP is structured around four WPS pillars including participation, prevention, protection, relief and recovery. In the participation pillar, efforts include appointing women to legislative institutions and revising electoral laws. The prevention pillar focuses on disarmament, demobilization, and recovery programs. The protection pillar emphasizes safeguarding the rights of women with disabilities, indigenous women, and survivors of sexual violence. The relief and recovery pillar centers on gender mainstreaming in peace processes. The suggestion is to improve the effectiveness of the NAP implementation in Congo, the government needs to allocate an adequate national budget to avoid dependence on external donors. Oversight of policy implementation must be strengthened, particularly in legal protection and the prevention of gender-based violence. Furthermore, it is crucial to eradicate patriarchal culture through gender equality education and expand psychosocial recovery services in conflict-affected areas.
The female‟s body is something that very dangerous if it is not controlled. Different views of stereotypes and negative labels are given to women. In fact, women serve as commodities and a capitalist political instrument through beauty and sexuality often addressed to women and occur under the hegemony and dominance of certain rulers who are to control commodities and politicization over the female‟s body. The correlation of female's body control with their environment raises a women's movement in need of religion in which all activities and movements of women must be based on several alternatives of life ethics that must be held like having to cover „aurat‟, while working in a safe environment, and others. If the respectable women are able to survive and understand the feminine authenticity of the self as a counterweight to the masculinity that has been produced in general and all areas of public life.
The choice of a partner in marriage is a fundamental right of women that is often hampered by dominant social and cultural norms, especially in rural areas such as Grobogan Regency, Central Java. Despite increasing awareness of gender justice, women in the area still face various obstacles in expressing their right to choose a life partner. This study aims to explore how women's rights in choosing a partner in marriage are viewed from the perspective of gender justice and its impact on women's empowerment in Grobogan Regency. The method used is qualitative research with a legal social approach through case studies. Data were collected through in-depth interviews with five women; Rabiah, Suliyem, Hartini,Kasmiyati, and Surati in Grobogan and participatory observations. The results show that despite the increased understanding of the right to choose a partner, many women are still affected by social and family pressures in making these decisions. Gender justice in the selection of spouses has been proven to have a positive impact on women's empowerment, both in social, economic, and psychological aspects, by increasing their autonomy and well-being. The implications of this study are the importance of education, advocacy, and local policies that better support women's rights to choose a partner, as well as women's social and economic empowerment at the local level. This research contributes to the understanding of the importance of gender justice in marriage practice, as well as the need for more proactive policy changes in supporting gender equality in society.
This article examines how a woman seafarer uses an image to create her identity and struggles in a male-dominated job. Photovoice and online interviews were used to gather data. While the purpose of the interview was to gather the narratives, the SHOWeD approach helped her think about the picture. Content analysis was used to examine the data to find themes and recount the tales of her identity creation. The results demonstrate that while regulations have been put in place to safeguard women working on ships and to ensure that male and female seafarers have equivalent workloads, there is no assurance that harassment and discrimination won't happen. The male counterpart's unfavorable stigmatization of women working on ships regrettably confirms that women seafarers continue to be a high-stakes profession with possible hazards. One important identity construction that emerges is that women seafarers do not pursue careers that last a lifetime because other jobs are seen as more fulfilling, such working in an office and raising children.
The application of custody rights in Indonesia generally uses sole custody. As stipulated in the Compilation of Islamic Law in Articles 105 and 156, priority for custody rights is automatically given to the mother. This is considered a problematic issue from a gender equality perspective, as child custody is not always monopolized by one gender but should consider aspects of quality, integrity, morality, and ability to fulfill the best interests of the child. At the same time, several court rulings in Indonesia have now established joint custody rather than sole custody. The purpose of this study is to re-examine the concept of joint custody of minor children as an effort and legitimization of the best interests of the child based on an analysis of legal norms and gender equality. This research is qualitative and uses a descriptive analytical method from library data sources. The results of this research can be concluded that joint custody is the granting of custody or care of the child to both parents alternately after divorce until both are required to take joint responsibility for their child. Although the granting of joint custody appears to deviate from existing provisions, it is not based on the provisions of the KHI but rather on the principle of the best interests of the child and the judge's legal interpretation. Furthermore, within the paradigm of gender equality, the role of men in contemporary society is equal to that of women, including in the care of minor children. This concept could serve as an alternative solution in resolving child custody disputes in Indonesia, simplifying the often complex and problematic process of determining custody rights.
This research discusses on the issue of reducing Indonesian migrant workers by cultivating local and natural sources. Data were collected from interview and participative observation. This is a case study based on qualitative approach. In Kudus, some Indonesian migrant workers faced problems in the countries where they worked. In some cases families are lost contact with the workers, some workers were sent back home dying or in critical health condition while some other are sent back home in a coffin. Those who came back healthy faced other problems such as adultery, divorce, or father raped his daughters. There are also who came back in a good health and wealth. Discussing this matter, the government together with the society need to identify and cultivate local sources to help and empower those immigrant workers to find and establish their economic sources in their home town.
This study critically examines the symbolic construction of bidadari (heavenly maidens) as eschatological rewards for men, with particular reference to an Islamic sermon delivered by Habib Nabil on the YouTube program Islam Itu Indah, in the episode titled “Laki-Laki Mendapatkan Bidadari, Kalau Perempuan Dapat Apa?”. The sermon presents a gendered vision of paradise that reflects patriarchal interpretations by depicting women as passive rewards associated with male virtue. Such perspectives draw upon essentialist claims of men’s “natural inclination” toward women and have been widely circulated through religious media. Employing Roland Barthes’ semiotic theory alongside postmodern feminist analysis, this research uses qualitative content analysis to unpack the verbal and symbolic messages embedded in the sermon. The findings suggest that the image of bidadari does not derive directly from the Qur’anic text, but has instead been shaped through cultural, historical, and clerical interpretations into a patriarchal myth. This myth can obscure Islam’s egalitarian principles and reinforce gendered norms that position women in subordinate roles both theologically and socially. By deconstructing the bidadari narrative as a second-order myth, the study demonstrates how religious symbols may function hegemonically while concealing their socio-historical origins. It calls for a re-reading of Islamic eschatology that foregrounds ‘adl (justice) and karamah (dignity) as central ethical values, affirming the equal spiritual agency of both men and women in the afterlife. Ultimately, this research contributes to ongoing efforts in developing gender-sensitive approaches within Islamic hermeneutics.
this study aims to explore the reasons of women Sasak, preferring divorce mubara'ah rather than go through the legal procedures in courts and; mubara'ah divorce decision effectiveness in providing protection against the interests of women. The results showed that, women prefer to divorce mubara'ah Sasak village rather than litigation in court because it was easier, cheaper and faster than in court. overseas. The practice of mubara'ah be allowed to live by the government, and even tend to be protected, through the act of manipulating the data by the village government, in order that people who have divorced mubara'ah can remarry without having to show a divorce certificate from the court. The action manipulate this data, known, tolerated and accepted by the Office of Religious Affairs with the appropriate reason for divorce Islamic law. Divorce mubara'ah provides protection against the interests of women in society, related to marital status, the right to joint property and child custody. However, such protection is weak when dealing with the need of the orderly administration of the country, for example: birth certificate, family card, registration of Hajj and registration work abroad.
Women's worked has become at usual things in this modern era. They are very diverse reasons, among others: economic conditions, the demands of time and self existence as human beings who have the same ability as men. However, culture is still not in favor of working women encounter resulted in a double burden, which play a role in public and domestic spaces. This double burden became socio-cultural problem and a form of gender in equity with the victims are women.
The film,“Kehormatan di Balik Kerudung” (read: KdBK) is a religious Indonesian film containing gender issues.In relation to this, it is necessary to view this movie as livingAl- Quranphenomenon. By using femenism approach, this paper concludes that first, the“KdBK” movie contains gender issue as reception from Q.S. Ali ‘Imran (3): 132. Second, many gender imbalance issues are showed from this movienamely, discrimination, stereotype, subordination, marginal issue and double burden.