In writing me former hit to domicile female in Islamic perspective (INIS, 1993) implicitly I want to say that islam absolutely irresponsible to a variety female rights rights breach that happening as it were a lot of sighed by person all this time. Disability to differentiate incisively about islamic law main sources namely Al Qur ’ an and Hadits with interpretation pro fiqh is next become Islamic Law (Syariah is Islam) and interpretation method purpose that really tekstual and not gets genderlah's perspective that cause Islamic face as so discriminatory to female. It e.g.
most mirror in various diskursus all this time about problem which is engaged female rights rightses. Distance that exists in an understating of Islam source prima facie with cultural practice bases Islam also ala regard picture that insufficiently correct about that Islam Is alone besides if concern female problem. Example is popular the most is trifling to female boss in Islamic one lately reappears and also deep polygamy problem UU marriage being done by limit is next reputed in opposition to syariat Islams.
This writing not specific ala wants to work through hit that problem but just want to point out how dynamics and religion point influences especially syariah Islams in Indonesian jurisdictional system in particular that berkenaan with female rights rights arrangement. System history sentences Indonesia to give that worth study since initially was become spectacular pulls herculean one among various behalf upon jurisdictional that is formulated. Besides dominant group behalf that usually been represented by state with supportings it, religion or group behalf that berasaskan particular religion becomes essential element in processes that besides another behalf group influences in society as e.g. female group or profession group. Such too its happening thing while Dutch colonial government establish resident classification with sistim's application sentences that disparate to each that faction tdak despite colonial commanding behalf with divide et imperanya's politics. Interesting is that on nearly all talk which gets bearing with behalf and right for problem female rights religion behalf progressively stands out to be made basis. Unhappily just interpretation which really oppressive of religion text that in a general way more bulging to surface whereas representasi more interpretation kontekstual and besides gets gender's perspective feels marginal peer.
An understating of needs more interpretation it kontekstual, democratic and gets gender's perspective on current reform era peer is required especially on regions autonomous era current. Its problem while region autonomy is required visually trend marks sense region that perceive to need start up institute and their custom points direct leaning to islamism point and also that don't. DPRD is Western Sumatra e.g. in order to uphold point already potbound so long in Minangkabau's society namely “ basandi Syara's Custom ’, Syara ’ basandi Kitabullah, Syara ” mangato mamakai's Custom ” have issued Region regulation Design (Raperda) about Immoral Disease Remove. Raperda this for example load forbidden rule female outward nighted without espoused by muhrimnya (section 10 sentences 3) and porn action prohibition namely all activity or conduct type that stimulate passion passion comprises to undress exposed woman genitals and dress that over tight with shows postur body that arouse male passion that sees it (section 1 and its explanation).
Meanwhile DKI'S Local Government Jakarta and DPRD IS kendal's Regency issue region regulation that establishes that just patriarch that cans be sub-district councillor. This rule is direct or indirect stemmed on An Nissa's letter interpretation sentence 34 one in the first place declares for that male is chief for female and therefore frequent too is paraphrased that anya male that cans be chief include in society leadership institutes as well as that sub-district Council.
Of aforesaid examples are clear just how outgrow it syariat's influences or that Islam point is deep formulation process sentences our national even get to local government zoom in particular if that thing gets bearing with female behalf. Spectacular pulls among behalf sort also looked markedly while marriage BILL is worked through at DPR on year 1973. It is comprehensibility remembers that divides family state constitute one unit most society little that gets to play a part essential in formation nation character and society discipline whereas for family religion institution is main container for mensosialisasikan to assess and dogma. Between that big behalf female behalf that since as queasy as (in the context society patriakhi) looked on by secondary as ignored or least was beforehand being defined by two that dominant behalf. Weeny it representasi female at parliament and or at another decision making institutes comes on menenggelamkan female behalf between previous dominant behalf groups. Accordingly formulas about status of and despite female positions descry more ahead of earlier one namely which be managed deep 105 107 BW (where don't female be looked on as subject of law), but regular constitutes streotipy's role inauguration female in patriakhi's society above mentioned.
Family arrangement history since colonial term until year 1973 while marriage BILL proposed by government point out to mark sense wars among two behalf outgrow aforesaid (state and religion). If seen by design initially therefore observable that state just interested to manage marriage of administrative's order facet at a swoop as effort to have one UU marriage that gets national character. It is borne out in UU's Common Explanation this was meant that Indonesian's nation has one UU National marriage that at a swoop keep all principles and gives conjugal rights base that all this time as grapple and applies to various society deep faction. Therefore besides has to get render principle that consists in pancasila and UUD 1945, shall too get to keep all all the living one fact in this mature society. Therefore UU Is this marriage also keeps all in it elements and religion law rules and kepecayaan of pertinent society.
As it were acknowledged as unborn as UU itses marriage was prevailing conjugal rights divide various civilian faction and various region as follows:
For original indonesian people that jurisdictional prevailing moslem religion already diresipir in Common Law.
For another original indonesian peoples apply common laws.
For Original indonesian people that gets christian religion in force Huwelijke Ordonantie Christen Indonesian (S. 1993 numbers 74).
For Chinese Intern easterners and civilian Indonesian agnatic Chinese prevailing KUHP'S rules meagrely changed.
For another Intern easterner and civilian Indonesian agnatic East Strange another that applies their common law.
For european and European agnatic Indonesia citizen and one equalled by them apply KUHP
Disparate conjugal rights arrangement terminological islandic faction and religion in unity state perspective of course is not something that advantages to divide efforts to strengthen association and unity taste that become commanding politics jargon that time.
But divides arrangement Islam group this problem is reputed as chance for meneguhkan ketentutan islam or law rule that stemmed on Islamic teaching point in jurisdictional state. Therefore one soon that BILL passed on by fortissimo reaction government of agglomerate organisational Islamic. That bill is reputed in opposition to islamic law in particular that berkenaan with limiting problem arrangement totals wife, its validity is marriage, religion difference marriage and about term iddah. Besides is said too that because of Indonesian resident majority is moslem therefore advisable islamic law become basic for marriage arrangement. DPP Muhammadiyah's vice chairman even perceives to need to write letter to that Soeharto's President that BILL is looked backward since a lot of its section that in opposition to Syariat Islam.
It e.g. looked of study about role and female position in UU marriage as it were formulated in section 31 sentences 3 and section 34 sentences 1 that husband is patriarch and mandatory give earnings to its wife whereas wife be mandatory housekeeper manage family with all the best. If we see to be back on marriage BILL that proposed by government have no explicit formula that declare for that husband are patriarch, but in its developing exists affix on section 31 sentences 3 that. A prominent islam at that time namely Syafrudin Prawiranegara proposes to criticize hard to no husband concept as patriarch this remember this concept have so long recognised in sistim parental's family Islam
Such too its thing with section formula 34 sentence 1 one terminological Fraction common views PP who passed on by Teuku HM Righteous on the fifteenth 17 and 18th September 1974 constitute islam rule in particular that stemmed on An Nissa's Letter rule sentence 34. Study hits polygamy obviously get sizable attention portion especially of agglomerate female already beaver this problem since first few its move. But on his way again they enforced have bekompromi because indeed has direct fronts with stemmed religion principle on Al Qur ’ an. Female clan disability in give interpretation to An Nissa's letter sentence 3 (one that known as polygamy sentence) of front female perspective with authority religion which so outgrows it has weakened female struggle to uphold monogamy's ground in UU marriage. But such section rule 3 deep UU that marriage about monogamy ground with polygamy circumscribedding to constitute approachable maximal result deep exhausting elongated struggle it.
Of UU's study history marriage shall be admitted that descries it female behalf shall give up dihadapan state behalf and religion behalf. Even that on tour female group as happening effect divide it behalf polarization that unhappily more a lot of reflect party behalf where that female group gets affiliation. While more female group independent less get place in behalf chessboard that be happens particularly since a loss support of their constituent effect politics korporatis orde baru government. With condition as it therefore doesn't marvel if UU eventual marriage as one medium which brace injustice for female.
If study hits UU's material marriage in particular that gets bearing with female rights rights protection points out spectacular to pull herculean one among drd agglomerate behalf (state, female and religion), happening the same thing while jurisdiction institute study that will manage this marriage problem. In marriage BILL is said that institute that manage marriage problems are common jurisdictions. This design indeed shortly invite hard reaction of agglomerate Islamic far remember in advance even since existences colonial term Islam jurisdiction have available and even independence afters braced by its existence with UU number 22 years 1946. This matter that if UU marriage a new one establishes that just institute common jurisdiction just in charge manage marriage problem therefore at second hand will remove religion jurisdiction existence Even also bicara FPP declares for that if such its thing therefore UU that marriage no more than pengambilalihan Christian marriage IDE that at rule in HOCI (Ordonantie is Christian marriage for original indonesian people) and BW what do before mark sense UU marriage applies also for Intern easterner and original indonesian people non Moslem. On the contrary islamic law which particularly already diresipier in common law and rules as the living one law in islamic community is ignored so also.
Islamic Law existence in Indonesian law for that matter form a part of colonial commanding law politics Dutch already been begun more than one last century. Even gets to be said that that thing constitute history the will bases masyarakay's requirement Islam at that time but formalisasinya did by Dutch government in shaped Religion jurisdiction founding at Javanese and Madura on year 1882 bases Staatsblad 1882 numbers 152 and Staatblad 1937 numbers 116 and numbers 610. The same thing also
most mirror in various diskursus all this time about problem which is engaged female rights rightses. Distance that exists in an understating of Islam source prima facie with cultural practice bases Islam also ala regard picture that insufficiently correct about that Islam Is alone besides if concern female problem. Example is popular the most is trifling to female boss in Islamic one lately reappears and also deep polygamy problem UU marriage being done by limit is next reputed in opposition to syariat Islams.
This writing not specific ala wants to work through hit that problem but just want to point out how dynamics and religion point influences especially syariah Islams in Indonesian jurisdictional system in particular that berkenaan with female rights rights arrangement. System history sentences Indonesia to give that worth study since initially was become spectacular pulls herculean one among various behalf upon jurisdictional that is formulated. Besides dominant group behalf that usually been represented by state with supportings it, religion or group behalf that berasaskan particular religion becomes essential element in processes that besides another behalf group influences in society as e.g. female group or profession group. Such too its happening thing while Dutch colonial government establish resident classification with sistim's application sentences that disparate to each that faction tdak despite colonial commanding behalf with divide et imperanya's politics. Interesting is that on nearly all talk which gets bearing with behalf and right for problem female rights religion behalf progressively stands out to be made basis. Unhappily just interpretation which really oppressive of religion text that in a general way more bulging to surface whereas representasi more interpretation kontekstual and besides gets gender's perspective feels marginal peer.
An understating of needs more interpretation it kontekstual, democratic and gets gender's perspective on current reform era peer is required especially on regions autonomous era current. Its problem while region autonomy is required visually trend marks sense region that perceive to need start up institute and their custom points direct leaning to islamism point and also that don't. DPRD is Western Sumatra e.g. in order to uphold point already potbound so long in Minangkabau's society namely “ basandi Syara's Custom ’, Syara ’ basandi Kitabullah, Syara ” mangato mamakai's Custom ” have issued Region regulation Design (Raperda) about Immoral Disease Remove. Raperda this for example load forbidden rule female outward nighted without espoused by muhrimnya (section 10 sentences 3) and porn action prohibition namely all activity or conduct type that stimulate passion passion comprises to undress exposed woman genitals and dress that over tight with shows postur body that arouse male passion that sees it (section 1 and its explanation).
Meanwhile DKI'S Local Government Jakarta and DPRD IS kendal's Regency issue region regulation that establishes that just patriarch that cans be sub-district councillor. This rule is direct or indirect stemmed on An Nissa's letter interpretation sentence 34 one in the first place declares for that male is chief for female and therefore frequent too is paraphrased that anya male that cans be chief include in society leadership institutes as well as that sub-district Council.
Of aforesaid examples are clear just how outgrow it syariat's influences or that Islam point is deep formulation process sentences our national even get to local government zoom in particular if that thing gets bearing with female behalf. Spectacular pulls among behalf sort also looked markedly while marriage BILL is worked through at DPR on year 1973. It is comprehensibility remembers that divides family state constitute one unit most society little that gets to play a part essential in formation nation character and society discipline whereas for family religion institution is main container for mensosialisasikan to assess and dogma. Between that big behalf female behalf that since as queasy as (in the context society patriakhi) looked on by secondary as ignored or least was beforehand being defined by two that dominant behalf. Weeny it representasi female at parliament and or at another decision making institutes comes on menenggelamkan female behalf between previous dominant behalf groups. Accordingly formulas about status of and despite female positions descry more ahead of earlier one namely which be managed deep 105 107 BW (where don't female be looked on as subject of law), but regular constitutes streotipy's role inauguration female in patriakhi's society above mentioned.
Family arrangement history since colonial term until year 1973 while marriage BILL proposed by government point out to mark sense wars among two behalf outgrow aforesaid (state and religion). If seen by design initially therefore observable that state just interested to manage marriage of administrative's order facet at a swoop as effort to have one UU marriage that gets national character. It is borne out in UU's Common Explanation this was meant that Indonesian's nation has one UU National marriage that at a swoop keep all principles and gives conjugal rights base that all this time as grapple and applies to various society deep faction. Therefore besides has to get render principle that consists in pancasila and UUD 1945, shall too get to keep all all the living one fact in this mature society. Therefore UU Is this marriage also keeps all in it elements and religion law rules and kepecayaan of pertinent society.
As it were acknowledged as unborn as UU itses marriage was prevailing conjugal rights divide various civilian faction and various region as follows:
For original indonesian people that jurisdictional prevailing moslem religion already diresipir in Common Law.
For another original indonesian peoples apply common laws.
For Original indonesian people that gets christian religion in force Huwelijke Ordonantie Christen Indonesian (S. 1993 numbers 74).
For Chinese Intern easterners and civilian Indonesian agnatic Chinese prevailing KUHP'S rules meagrely changed.
For another Intern easterner and civilian Indonesian agnatic East Strange another that applies their common law.
For european and European agnatic Indonesia citizen and one equalled by them apply KUHP
Disparate conjugal rights arrangement terminological islandic faction and religion in unity state perspective of course is not something that advantages to divide efforts to strengthen association and unity taste that become commanding politics jargon that time.
But divides arrangement Islam group this problem is reputed as chance for meneguhkan ketentutan islam or law rule that stemmed on Islamic teaching point in jurisdictional state. Therefore one soon that BILL passed on by fortissimo reaction government of agglomerate organisational Islamic. That bill is reputed in opposition to islamic law in particular that berkenaan with limiting problem arrangement totals wife, its validity is marriage, religion difference marriage and about term iddah. Besides is said too that because of Indonesian resident majority is moslem therefore advisable islamic law become basic for marriage arrangement. DPP Muhammadiyah's vice chairman even perceives to need to write letter to that Soeharto's President that BILL is looked backward since a lot of its section that in opposition to Syariat Islam.
It e.g. looked of study about role and female position in UU marriage as it were formulated in section 31 sentences 3 and section 34 sentences 1 that husband is patriarch and mandatory give earnings to its wife whereas wife be mandatory housekeeper manage family with all the best. If we see to be back on marriage BILL that proposed by government have no explicit formula that declare for that husband are patriarch, but in its developing exists affix on section 31 sentences 3 that. A prominent islam at that time namely Syafrudin Prawiranegara proposes to criticize hard to no husband concept as patriarch this remember this concept have so long recognised in sistim parental's family Islam
Such too its thing with section formula 34 sentence 1 one terminological Fraction common views PP who passed on by Teuku HM Righteous on the fifteenth 17 and 18th September 1974 constitute islam rule in particular that stemmed on An Nissa's Letter rule sentence 34. Study hits polygamy obviously get sizable attention portion especially of agglomerate female already beaver this problem since first few its move. But on his way again they enforced have bekompromi because indeed has direct fronts with stemmed religion principle on Al Qur ’ an. Female clan disability in give interpretation to An Nissa's letter sentence 3 (one that known as polygamy sentence) of front female perspective with authority religion which so outgrows it has weakened female struggle to uphold monogamy's ground in UU marriage. But such section rule 3 deep UU that marriage about monogamy ground with polygamy circumscribedding to constitute approachable maximal result deep exhausting elongated struggle it.
Of UU's study history marriage shall be admitted that descries it female behalf shall give up dihadapan state behalf and religion behalf. Even that on tour female group as happening effect divide it behalf polarization that unhappily more a lot of reflect party behalf where that female group gets affiliation. While more female group independent less get place in behalf chessboard that be happens particularly since a loss support of their constituent effect politics korporatis orde baru government. With condition as it therefore doesn't marvel if UU eventual marriage as one medium which brace injustice for female.
If study hits UU's material marriage in particular that gets bearing with female rights rights protection points out spectacular to pull herculean one among drd agglomerate behalf (state, female and religion), happening the same thing while jurisdiction institute study that will manage this marriage problem. In marriage BILL is said that institute that manage marriage problems are common jurisdictions. This design indeed shortly invite hard reaction of agglomerate Islamic far remember in advance even since existences colonial term Islam jurisdiction have available and even independence afters braced by its existence with UU number 22 years 1946. This matter that if UU marriage a new one establishes that just institute common jurisdiction just in charge manage marriage problem therefore at second hand will remove religion jurisdiction existence Even also bicara FPP declares for that if such its thing therefore UU that marriage no more than pengambilalihan Christian marriage IDE that at rule in HOCI (Ordonantie is Christian marriage for original indonesian people) and BW what do before mark sense UU marriage applies also for Intern easterner and original indonesian people non Moslem. On the contrary islamic law which particularly already diresipier in common law and rules as the living one law in islamic community is ignored so also.
Islamic Law existence in Indonesian law for that matter form a part of colonial commanding law politics Dutch already been begun more than one last century. Even gets to be said that that thing constitute history the will bases masyarakay's requirement Islam at that time but formalisasinya did by Dutch government in shaped Religion jurisdiction founding at Javanese and Madura on year 1882 bases Staatsblad 1882 numbers 152 and Staatblad 1937 numbers 116 and numbers 610. The same thing also
0 komentar:
Post a Comment
Please fill your comment