Journal of Islamic Law (JIL).
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WomenAos Rights and Gender Equality: An Analysis of Jasser AudaAos Thoughts and His Contribution to Renewal of Islamic Family Law in Indonesia Hak Perempuan dan Kesetaran Gender: Analisis terhadap Pemikiran Jasser Auda dan Kontribusinya dalam Pembaharuan Hukum Keluarga Islam di Indonesia Royan Utsany* Universitas AoAisyiyah Yogyakarta.
Indonesia royanutsany@unisayogya.
Afrizal Tw The World Islamic Science and Education (WISE) University.
Jordan afrizaltw1504@gmail.
Khamim Politeknik Negeri Pontianak.
Indonesia sahidkhamim@gmail.
DOI: 10.
24260/jil.
Received: December 27, 2021 * Corresponding Author Revised: January 20, 2022 Approved: January 20, 2022 Abstract: There are still many practices of marginalization and subordination of women.
An incomplete understanding of the QurAoan and hadith is the main reason.
Women have the same position as men and are elevated in status in Islam.
This article aims to explain Jasser AudaAos thoughts on women and their contribution to the reform of Islamic family law in Indonesia.
This paper uses bibliographic research as the primary source of Jasser AudaAos works.
This study concludes that Jasser AudaAos thinking which provides equal positions between men and women, aligns with maqAsid alsyarAoah, which was developed and combined with systems theory.
Women have an equal role and position with men in the mosque, become leaders, and are given rights in reproductive health.
The authors argue that Jasser AudaAos views on women have inspired several reforms in Islamic family law in Indonesia that pay more attention to womenAos rights and position on an equal footing with men rather than the practice of understanding Muslim societies, which are still patriarchal.
Keywords: Jasser Auda.
Women.
MaqAsid al-SyarAoah.
Islamic Family Law.
Indonesia.
Abstrak: Masih banyak praktik marginalisasi dan subordinasi terhadap perempuan hingga saat ini.
Pemahaman yang tidak lengkap terhadap [ 54 ] Journal of Islamic Law (JIL).
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AlqurAoan dan hadis merupakan sebab utama.
Padahal, perempuan memiliki kedudukan yang sama dengan laki-laki dan diangkat derajatnya dalam Islam.
Artikel ini bertujuan untuk menjelaskan pemikiran Jasser Auda tentang wanita dan kontribusinya dalam pembaharuan hukum keluarga Islam di Indonesia.
Tulisan ini menggunakan jenis penelitian bibliografi dengan menjadikan karya-karya Jasser Auda sebagai sumber primer.
Penelitian ini menghasilkan kesimpulan bahwa pemikiran Jasser Auda yang memberikan kedudukan yang setara antara laki-laki dengan perempuan sejalan dengan maqAsid al-syarAoah yang dikembangkan dan dikombinasikannya dengan teori sistem.
Wanita memiliki peran dan kedudukan yang setara dengan lakilaki di masjid, menjadi pemimpin, dan diberikan hak-hak dalam kesehatan Penulis berargumentasi bahwa pandangan Jasser Auda tentang wanita telah mengilhami beberapa pembaharuan dalam hukum keluarga Islam di Indonesia yang lebih memperhatikan hak dan kedudukan wanita yang setara dengan laki-laki dari pada praktik pemahaman masyarakat muslim yang masih patriarki.
Kata Kunci: Jasser Auda.
Perempuan.
MaqAsid al-SyarAoah.
Hukum Keluarga Islam.
Indonesia.
Introduction In history, the position of women is seen as a second-class society and has an impact on the weakness of their position and rights.
Women are not capable of law acting and are equated with crazy people and immature children.
1 The share of Islamic inheritance2 and womenAos testimonies3 are valued at half that of men in Islamic law.
In the family, women are also positioned as weak creatures.
Women are considered objects that men marry and divorce.
Women must obey their husbands and cannot leave the house unless they get permission from their 4 So many destructive treatments such as discrimination, exploitation, and violence against women are justified on religious grounds.
5 Islam protects 1 Moh Bahardin.
AuKedudukan Perempuan dalam Perspektif Hukum Islam,Ay ASAS 4, no.
(February 14, 2.
: 1Ae8.
2 Muhammad Lutfi Hakim.
AuKeadilan Kewarisan Islam terhadap Bagian Waris 2:1 antara Laki-Laki dengan Perempuan Perspektif Filsafat Hukum Islam,Ay Al-Maslahah: Jurnal Ilmu SyariAoah 12, no.
: 18.
3 Layyin Mahfiana.
AuKesaksian Wanita dalam Perspektif Hukum Islam dan Hukum Positif di Indonesia,Ay Musywa Jurnal Studi Gender dan Islam 8, no.
1 (January 22, 2.
: 93Ae111.
4 Ali Muhtarom.
AuPerempuan Perspektif Kiai: Studi terhadap Kedudukan Perempuan dalam Hukum Keluarga,Ay El-USRAH: Jurnal Hukum Keluarga 4, no.
1 (February 9, 2.
: 32.
5 Lukman Hakim dan Mohammad Nasir Omar.
AuSisi Gender dalam Pemikiran Islam Liberal Nurcholish Madjid,Ay Substantia: Jurnal Ilmu-Ilmu Ushuluddin 12, no.
2 (June 11, 2.
: 276Ae90.
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women and has an equal position with men in accessing education, work, and The gap in position and rights between men and women that occurs in Muslim countries is caused by the incomplete understanding of the QurAoan.
The QurAoan is a book that elevates women above any other holy book and fights all forms of injustice, economic exploitation, political oppression, cultural domination, gender domination and all other forms of disequilibrium.
7 Between Sharia and the welfare of humanity are two things that cannot be separated from one another, be it in this world or the hereafter.
Sharia is in line with justice, benevolence, benefit, and wisdom.
A rule that contradicts all of that cannot be part of the Sharia itself.
Classical womenAos problems, such as whether women are allowed to go to the mosque to those related to reproductive health, are exciting to study.
Jasser Auda .
n the future referred to as Aud.
is one of the scholars concerned with studying women and argues that the discussion of women in Islam is critical in current This matter is because women are seen as half of society .
l-marAoah nisfu al-mujtamaAo au aksa.
in any community and are always interesting issues to Many researchers have discussed the thoughts of this figure, starting from the discussion of maqAsd to ushl al-fiqh.
There are two categories of previous research that examines AudaAos thoughts.
The first category is the results of research that discuss the theory of maqAsd al-syarAoah proposed by Auda.
Prihantono discusses the six dimensions of AudaAos maqAsd al-syarAoah system approach and its implementation in Islamic law.
10 Phase developed the theory of maqAsd al-syarAoah Auda in Islamic economics.
11 NiAoami and Bustamin focused on studying the similarities and differences in the theory of maqAsd al-syarAoah by 6 Djamila Usup.
AuKedudukan dan Perlindungan Hukum terhadap Perempuan dalam Hukum Islam,Ay Jurnal Ilmiah Al-SyirAoah 13, no.
1 (June 22, 2.
: 1Ae19.
7 Khoiruddin Nasution.
Fazlur Rahman tentang Wanita (Yogyakarta: Tazzafa, 2.
, 1.
8 Ibn Qayyim al-Jawziyyah.
IAolam al-MuwaqqiAoin Aoan Rabb al-AoAlamin.
Jld.
3, 11.
9 Jasser Auda.
Al-MarAoah wa al-Masjid f UoAoi Nuy SyariAoah wa MaqAiduhA (Kudus: DAr alMaqAsid, 2.
, 1.
10 Syukur Prihantoro.
AuMaqasid Al-SyariAoah dalam Pandangan Jasser Auda: Sebuah Upaya Rekontruksi Hukum Islam melalui Pendekatan Sistem,Ay At-Tafkir 10, no.
1 (October 14, 2.
: 120Ae 11 Muhammad Iqbal Fasa.
AuReformasi Pemahaman Teori Maqasid Syariah (Analisis Pendekatan Sistem Jasser Auda.
,Ay HUNAFA: Jurnal Studia Islamika 13, no.
: 218Ae46.
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comparing the views of Ibn Asyr with AudaAos.
12 The second category is the research results that uses the theory of maqAsd al-syarAoah to analyze several recent cases.
Among the contemporary problems studied by scholars is the multidisciplinary education system,13 the minimum age limit for marriage,14 the division of inheritance between different religions,15 the meaning of ngruwat manten in marriage ceremonies,16 etcetera.
This article complements the second category and focuses on AudaAos thoughts on women and their contribution to Islamic family law.
This paper is bibliographical research by using AudaAos works in Al-MarAoah wa al-Masjid f UoAoi Nuy SyariAoah wa MaqAiduhA and Muslim Woman between Backward Traditions and Modern Innovations as primary data.
In addition to the two primary data, the authors also use research results, journal articles and websites related to AudaAos thoughts on women as secondary data.
There are three research objectives in this First, to describe the biography and works of Auda.
Second, to explain AudaAos view of women.
Third, to analyze AudaAos view and its contribution to the reform of Islamic family law in Indonesia.
Jasser Auda: Short Biography and His Works Jasser Auda was born in Egypt in 1966.
He grew up in an excellent academic tradition by being educated in the East and the West.
He earned her PhD from two leading universities.
In 2006.
Auda completed his PhD at the University of Waterloo.
Canada, concentrating on Systems Studies.
In 2008.
Auda completed his PhD at the University of Wales.
England, concentrating on the Philosophy of 12 Mohammad Fauzan NiAoami dan Bustamin Bustamin.
AuMaqAid Al-SyarAoah dalam Tinjauan Pemikiran Ibnu AoAsyr dan Jasser Auda,Ay JURIS (Jurnal Ilmiah Syaria.
20, no.
1 (June 21, 2.
: 91Ae 13 Siti Mutholingah dan Muh Rodhi Zamzami.
AuRelevansi Pemikiran Maqashid Al-Syariah Jasser Auda terhadap Sistem Pendidikan Islam Multidisipliner,Ay Ta`Limuna: Jurnal Pendidikan Islam 7, no.
2 (October 8, 2.
: 90Ae111.
14 Achmad Fauzan.
AuPertimbangan Mahkamah Konstitusi terhadap Putusan Nomor 22/PUU-XV/2017 tentang Batas Usia Minimal Menikah bagi Perempuan Perspektif MaqAsid SharAoah Jasser Auda,Ay Indonesian Journal of Islamic Law 2, no.
: 1Ae27.
15 Samsuddin Samsuddin.
AuAnalisis Pembagian Harta Waris pada Keluarga Beda Agama Persefektif Maqasyid Al-Syariah Jasser Auda,Ay Turatsuna: Jurnal Keislaman Dan Pendidikan 2, no.
(December 2, 2.
: 265Ae80.
16 Faridatul Muaffiroh.
AuMakna Ngruwat Manten sebagai Tolak BalaAo di Dusun Mendono Kelurahan Temu Bojonegoro dalam Upacara Pernikahan Perspektif Maqashid SyariAoah Jasser Auda,Ay Sakina: Journal of Family Studies 5, no.
1 (February 24, 2.
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Islamic Law.
17 Auda was later founded and director of the Al-MaqAsid Research Center in London based on her doctoral education background.
In addition.
Auda is a research fellow at the University of Southampton.
UK, associate professor at several world-renowned universities such as the College of Arts and Sciences.
American University of Sharjah UAE.
Ryerson University Canada.
University of Bahrain and the University of Waterloo Canada, associate professor in Public Policy program.
Faculty of Islamic Studies.
Qatar Foundation.
He is also a visiting associate professor at the Department of Islamic Law.
Faculty of Law.
Alexandria University.
Egypt.
This academic tradition gives Auda the authority to discuss legal philosophy and systems studies.
Based on these two concentrations.
Auda then developed maqAsid al-syarAoah with a systems theory approach.
19 This matter is evidenced by his works which often integrate two sciences at once, namely Islamic studies and companionship science.
One of AudaAos magnum opus works is MaqAsid Al-Sharah as Philosophy of Islamic Law: A Systems Approach.
In writing his works, the primary approach used by Auda is to use the maqAsid al-syarah analysis knife.
He believes that maqAsid al-syarah can be a solution for developing Islamic law in the future in solving increasingly complex life problems.
His thinking tries to unite Western and Islamic scientific traditions, namely maqAsid al-syarah and systems theory.
AudaAos several works talk about women, which are the focus of the study in this paper.
Among them is AudaAos phenomenal work in Al-MarAoah wa al-Masjid f UoAoi Nuy SyariAoah wa MaqAiduhA and Muslim Woman between Backward Traditions and Modern Innovations.
Auda specifically said that Muslim women in Indonesia have a better position than those in other Asian countries, and Muslim women in these countries have no place in the mosque.
The condition of Muslims 17 Jasser Auda.
MaqAid Untuk Pemula, trans.
oleh Ali AbdulmunAoim (Yogyakarta: SUKA- Press UIN Sunan Kalijaga, 2.
, 137.
AuJasser Auda,Ay Wikipedia.
September https://en.
org/w/index.
php?title=Jasser_Auda&oldid=1043003572.
19 M.
Amin Abdullah.
AuBangunan Baru Epistemologi Keilmuan Studi Hukum Islam dalam Merespon Globalisasi,Ay Asy-SyirAoah: Jurnal Ilmu SyariAoah dan Hukum 46, no.
2 (July 1, 2.
: 327Ae28.
20 Ada enam hal yang harus diperhatikan dalam teori maqAsid al-syarah yang dikemukakan oleh Auda.
Lihat: Muhammad Lutfi Hakim.
AuPergeseran Paradigma Maqasid AlSyariAoah: Dari Klasik sampai Kontemporer,Ay Al-Manahij: Jurnal Kajian Hukum Islam 10, no.
1Ae16.
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will not get better until the condition of the mosques becomes good and fulfils their ideal role as centres of activity, education, and worship.
Even the mosques will not be good so that some, including women, contribute to a mosque as happened to the Prophet.
Jasser AudaAos Views on Woman Auda is a prolific thinker related to Islamic law.
In several of her works, menAos rights and gender equality.
Auda has a progressive in several of her works related to women view on womenAos issues, such as the role of women in mosques, women and leadership issues, and women and reproductive health.
First, women and mosques.
The mosque has an important place played by Muslims, both men and women.
Women do not have a place in the mosque.
This matter is due to a partial understanding of the texts, both the QurAoan and hadith.
This atomistic approach arises because several hadiths explain that women should pray at home based on a hadith from Umm Humaid.
Such an understanding contradicts AudaAos In his search, the verses of the QurAoan and hadith texts state that women are allowed to come, perform prayers, carry out activities, and prosper the In fact, according to Auda, the hadith that explains that women have a role in the mosque is more than the hadith that forbids her to only come to the 22 Lifting and glorifying women is the same as exalting religion itself.
Many verses of the QurAoan and hadiths speak of this issue.
According to Muhammad Sahrur, today, we must understand the text by departing from the ancientsAo problems, knowledge, reality, and history.
The fundamental question from classical times to the present about women and mosques is, is it permissible for women to go to the mosque? Which is more critical between praying in the mosque and at home? These questions require a deep understanding.
There are so many questions that are often asked by the public regarding the presence of women in mosques.
Women in many Muslim countries do not have a place as expected in the mosque.
In fact, according to the 21 Auda.
Al-MarAoah wa al-Masjid f UoAoi Nuy SyariAoah wa MaqAiduhA, v.
22 Auda.
Al-MarAoah wa al-Masjid f UoAoi Nuy SyariAoah wa MaqAiduhA, 48.
23 Muhammad Sahrur.
Nahwa Usl Jaddah li al-Fiqh al-IslAm (Damaskus: DAr Ahali, 2.
, [ 59 ] Journal of Islamic Law (JIL).
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QurAoan, women have the same potential in achieving rewards, as stated in Surah alNahl verse 97.
This verse shows that both men and women who do good deeds will be rewarded in the form of rewards from Allah.
Imam At-Tobari explained in his commentary that anyone who does good deeds means he has faith and obeys Allah.
24 Al-Qurtubi also added that anyone who believes that Allah will provide fortune or a good life, whether male or female.
25 So, in principle, anyone who believes and does good deeds, whether male or female, will get a noble position in the sight of Allah.
There are several verses of the QurAoan and hadith about the role of women in prospering the mosque.
Some commentators interpret the word AurijAlAy in Surah al-Nyr verse 37 as Therefore, the word AurijAlAy must be interpreted by men as written by Imam Al-Tobari.
Al-Tobari interprets it as a man in his famous commentary because women should pray at home.
26 Al-Tobari added that women do not pray in congregation and Friday prayers in mosques, and women are only in the domestic area, including praying.
Ibn Kastir noted the word AurijAlAy in Surah al-Nyr with the comment.
AuWomen pray more at home.
Women are allowed to attend menAos congregations on condition that the woman does not AuhurtAy any man by revealing jewellery and wearing perfume.
Ay27 According to Auda, the verse in Surah al-Nyr does not necessarily mean only men but can also be interpreted as women in Surah al-AAoraf verse 46.
The word AurijAlAy in Surah al-Ahzab verse 23 also refers to men and women.
Suppose Allah wants to specialize the pronunciation of AurijAlAy for men only, not for He mentions the pronunciation of AunisAAoAy in the same verse.
Etymologically, women are sometimes referred to as rijAl.
In the MajmaAo Lughoh dictionary published by the Egyptian Ministry of Waqf, it is explained that the word Aura-ja-laAy has the word niswah .
in it, so women are also called 24 Al-Thobar.
Tafsr at-Thabar: JamiAo al-BayAn an TaAowl Ayyi AlqurAoan (Riyad: DAr al-Alam li al-Kutb, 2.
, 2.
25 Al-Qurtubi.
Tafsr al-Qurtubi (Riyadh: DAr al-AoAlam al-Kutb, 2.
, 424 26 Abu JaAofar Muhammad bin Jarir.
JamiAo al-BayAn an TaAowil Ayat al-QurAoan (Kairo: DAr Hijr, 2.
, 325.
27 Ibn Katsr.
Tafsr ibn Katsr (DAr al-Tayyibah li al-Nasyr wa al-TauzAo, 1.
, 252.
28 Auda.
Al-MarAoah wa al-Masjid f UoAoi Nuy SyariAoah wa MaqAiduhA, 33.
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rojylah by using taAo taAonis.
29 Meanwhile, in the Arabic LisAnul Dictionary, the word AurijAlAy is mentioned that actually.
Abu Ziyad Al-KilAbi recounted his experience when he was with his wife by using the editorial tahAyaja al-rajulAni .
he two people were riding togethe.
The word Aual-rajulAniAy here contains the meaning of al-rajul (Abu Ziya.
and al-rajulah .
is wif.
In short, if it is intended for men, then the sentence is hAdza rajulun .
his is a ma.
If it is intended for women, the sentence is hydhihi rajylah .
Both use the ra-jim-lam word pattern.
Meanwhile, the QurAoan has also prohibited various attempts to keep Muslims away from mosques.
Supposedly.
Muslims, both men and women, have the same right to come, prosper, gather, and become mosque administrators.
Meanwhile, the opinions that say that women should pray at home alone are the opinions of most classical and contemporary scholars.
In the authorsAo opinion, these opinions depart from reading the Auselective texts.
Ay The text must be read and interpreted using the thematic induction method .
stiqraAo al-maAonaw.
in ushl fiqh.
Although this method was born in the first period of Islam, it has received less attention from Islamic jurists.
31 Legal experts cannot only use a single .
argument in making a legal conclusion.
Supposedly, the conclusion is drawn by collecting general arguments .
by examining the related hadiths and bringing them to more precise conclusions.
Therefore, the arguments that explain womenAos prayers in the mosque are preferred over womenAos prayers at home are based on the ushl fiqh method.
Second, womenAos leadership.
Auda allows women to become leaders if they meet the terms and conditions that have become stipulations.
This ability is based on the maqAsid al-syarah approach that he developed.
One of the requirements of a leader is capable of leading.
because the benchmark for becoming a leader is the ability to lead itself.
Successful women leaders in various worlds can prove this One example is the founder of the oldest female university globally, 29 Muhammad ibn Abi Bakr ibn Abdul Qodir Al-Razi.
Muhtar al-SihAAo (Maktabah Lubnan, 2.
, 225.
30 Almaany Team.
AuQAmus wa Mujam al-MaAn Mutaaddid al-LughAt wa al-MajAlAt QAmus Arab Arab wa al-QAmus Arab Inglz anA,Ay Accessed January 20, 2022, https://w.
31 Muhammad Rofiq.
Problematika Fikih Perempuan (Yogyakarta: Suara Muhammadiyah, 2.
, 38.
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Fatimah al-Fihri, founded the First Qarawiyin University in Fez.
Morocco.
32 In Islamic history.
Aisyah is also a very productive woman by narrating 2,210 hadiths and becoming the fourth most narrator.
Thus, the ability of a woman to become a leader can be seen from the point of view of maqAsid al-syarah.
Women who have adequate competence are eligible to become communal leaders.
The theme of womenAos leadership has long been a religious discourse that has attracted the attention of all elements.
Leadership is expressed in various terms in the legacy of Islamic thought .
urAs.
Among them are imAmah, khilAfah, imArah, wilAyah and so on.
WomenAos leadership has also been part of the issues discussed by scholars in the Islamic tradition since the classical period.
The general tendency among classical scholars is to reject womenAos leadership.
Ibn Hajar alAsqalAni in Fath al-BAri, for example, argues that it is not permissible to assign women as judges based on a hadith from Abi Bakrah.
34 Imam Syaukani even claimed that it is not permissible for women to become leaders, which is the consensus of the scholars.
Women do not have the right to be leaders because they are not worthy .
aisa min ahli wilAy.
In Maratibul IjmaAo.
Ibn Hazm explained that no one allowed womenAos leadership from all Muslim groups.
In contrast to the opinion of most classical scholars.
Auda has a different view of women leaders.
According to Auda.
Islamic law is elastic .
Auda uses maqAsid al-syarAoah in answering womenAos leadership problems.
According to her, the main issue regarding womenAos leadership is the hadith of the Prophet that criticizes womenAos leadership.
Like.
AuA people will not be happy if they give up their leadership to women.
Ay (Narrated by Bukhari No.
In addition, the QurAoan also confirms that men are the leaders for women in Surah an-NisA verse 34 and women are in the domestic sphere in Surah Al-Ahzab verse 33.
These arguments prove that men are entitled to become leaders, not the other way around.
Ibn Hajar argued that men should be the leaders, not women.
AuFatima Al-Fihri,Ay Wikipedia.
January https://en.
org/w/index.
php?title=Fatima_al-Fihri&oldid=1063227997.
33 Auda.
Al-MarAoah wa al-Masjid f UoAoi Nuy SyariAoah wa MaqAiduhA, 102.
34 Al-AsqAlAn Ibn Hajar.
Fath al-BAr, 1 ed.
, vol.
1 (Beirut: DAr al-Ilmiyyah, 1.
, 324.
35 Ibn Hazm.
MarAtib IjmaAo (Beirut: DAr ibn Hazm, 1.
, 286.
36 Ibn Hajar al-AsqAlAn.
Fath al-BAr Syau auu Bukhar, 1 ed.
, vol.
1 (Kairo: Maktabah Salafiyah, 2.
, 575.
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In answering the above problems, at least it is necessary to understand more about the function and position of women in Islam.
Syamsul Anwar said the levelling norms in Islamic law, namely fundamental values, general principles, and concrete legal regulations.
37 Implicitly, there are lots of fundamental Islamic values that are the basic values of the Islamic law of the QurAoan.
One of the fundamental values in the ShariAoah is the equality of men and women in obtaining rewards.
The provisions for the primary value of equality are contained in Surah an-Nahl verse In addition, the hadith that prohibits women from becoming leaders has causa legis (Aoilla.
because the women from Persia referred to in the hadith are indeed not capable of leading a region.
Therefore, the prohibition against women being leaders in the hadith applies specifically to specific times and particular reasons.
Third, early marriage and reproductive health.
One of the exciting issues to study is the discourse on women and reproductive health.
There are assumptions from various groups who argue that Islam does not provide reproductive rights to women and does not mention the rights attached to these reproductive tasks.
The QurAoan often talks about womenAos reproductive health.
But what has happened so far are conventional interpretations and tend to highlight patriarchal culture, especially the interpretation of the hadith of the ProphetAos early marriage with Siti Aisyah, who was six years old and married at nine.
According to Auda, there is an incorrect narration when interpreting the verses of the QurAoan or hadiths related to women.
40 Auda believes that this hadith needs to be investigated further regarding the early marriage hadith.
Hisham bin Urwah narrates hadith about AisyahAos marriage.
Hisham relates that the age of the Prophet when he married Aisha was 71 years.
According to some hadith experts.
HishamAos memory has declined considerably, so the hadiths originating from him need to be criticized.
To reject the hadith of the Prophet, who married Aisyah when she was six years old and had sex with her when she was nine.
Auda uses the 37 Syamsul Anwar.
Studi Hukum Islam Kontemporer (RM Books, 2.
, 37.
Samsul Zakaria.
AuKepemimpinan Perempuan dalam Persepektif Hukum Islam (Studi Komparatif antara Pemikiran KH.
Husein Muhammad dan Prof.
Siti Musdah Muli.
,Ay Khazanah:
Jurnal Mahasiswa 6, no.
1 (July 1, 2.
: 77.
39 Waliko Waliko.
AuIslam.
Hak dan Kesehatan Reproduksi,Ay KOMUNIKA: Jurnal Dakwah dan Komunikasi 7, no.
: 1Ae14.
40 JAsir Awda.
Al-Marah f al-Masjid DawruhA wa Makanuha wa AukAmuhA.
December 21, 2012, https://w.
net/portal/.
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concept of matan criticism because criticism of the sanad is not enough.
A hadith can only be valid .
after its eyes are tested first.
Auda explained that the criticism was carried out from at least three benchmarks, namely conformity with the general principles of the QurAoan, other Prophetic traditions, and the general context of Islamic history.
41 About the need for historical knowledge to evaluate the validity of hadith.
Auda argues that knowledge of history is more critical than the sanad itself.
The QurAoan and hadith never specifically explain the minimum age for a person to be able to get married.
That is, the issue of marriage boundaries is a matter of ijtihAd.
In the Indonesian context, early marriage is not in line with Law Number 1 of 1974 concerning Marriage.
In terms of health, early marriage is very vulnerable to risks related to reproductive health, such as maternal and infant mortality and low levels of maternal and child health.
Women who marry early are not included in the ideal age for pregnancy and childbirth and have a high risk.
Girls married at the age of 10-14 years have a five times greater risk of dying during pregnancy or childbirth than women aged 20-25 years, while women aged 15-19 have twice the Today, the context in Indonesia and the health aspect is different from when the Prophet married Aisyah.
In Islam, a person must first be baligh43 to marry someone.
When the Prophet decided to marry Aisyah, who was nine years old.
AisyahAos age is believed to have entered the category of puberty at that time.
44 According to Auda.
AisyahAos age when she was married to the Prophet was 16 or 17 years, not nine years.
This age corresponds to historical evidence that Aisyah had converted to Islam with her father (Abu Bak.
when she was five years old and married the Prophet eleven 41 AuQasAyA al-Marah wa al-Rajul.
Markaz DirAsAt al-Tashr al-IslAm wa al-AkhlAq,Ay diakses 1January 1, 2022, https://admin.
org/ar/area-research/gender-studies.
42 Ramdan Wagianto.
AuReformasi Batas Minimal Usia Perkawinan dan Relevansinya dengan Hak-Hak Anak di Indonesia Perspektif Maqashid Asy-SyariAoah,Ay Asy-SyirAoah: Jurnal Ilmu SyariAoah dan Hukum 51, no.
2 (November 11, 2.
: 291.
43 Baligh means Aountil.
The point is when a person can be said to be an adult.
According to most fiqh scholars, a personAos age can be said baligh to be 15 years old.
According to Hanafi scholars, the adult age for men is 18 years and for women is 17 years.
Wahbah al-Zuhaili.
Al-Fiqh alIslam wa Adillatuhu (Beirut: DAr al-Fiqr, t.
), 423.
44 Asman Asman.
AuDinamika Usia Dewasa dan Relevansinya terhadap Batas Usia Perkawinan di Indonesia: Perspektif Yuridis-Normatif,Ay JIL: Journal of Islamic Law 2, no.
(February 27, 2.
: 124.
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years later.
Regarding the minimum age for marriage in fiqh.
Auda criticized it.
The psychological and biological conditions of nine-year-old children today are very different, and human values today are very different from fourteen hundred years 45 Therefore, the traditions related to AisyahAos marriage to the Prophet must be contextualized with the circumstances and culture of the people at that time, and this is ijtihAd.
Contribution of Jasser AudaAos Thoughts to Renewing Islamic Family Law in Indonesia Auda is one Muslim scholar who calls for the renewal of Islamic law related to womenAos discourse.
Even though it is only a thought, his ideas should reference the renewal of Islamic law in Indonesia, where societyAos tendency is still The discourses discoursed by Auda about women can be used as fresh ijtihAd and can break the opinions of scholars and scholars of the Islamic law that have been established so far.
In the context of Indonesia, there are no explicit rules governing womenAos leadership and the role of women in mosques.
Indonesia has ratified the International Convention on eliminating all forms of discrimination against women in Law Number 7 of 1984.
Based on the 1979 United Nations Convention in Mexico, all forms of discrimination against women should be abolished.
47 In practice, there is still a lot of discrimination experienced by women.
Ironically, it happened inside the mosque.
One example is the harassment of women at the Wajo Mosque.
Sengkang.
South Sulawesi, and at the Al-Amin Mosque.
Jatinegara.
East Java.
These two cases are only a small number of cases in Indonesia.
This matter shows that mosques in Indonesia are not yet friendly to women.
How can women empower the mosque if the mosque is not yet friendly to women? Auda 45 AuCanadian Prof: Aishah Married Prophet Muhammad at 16.
Not 9,Ay About Islam .
October 8, 2016, https://aboutislam.
net/muslim-issues/global/canadian-prof-aishah-marriedprophet-muhammad-16/.
46 Yusuf Yusuf.
AuDinamika Batasan Usia Perkawinan di Indonesia: Kajian Psikologi dan Hukum Islam,Ay JIL: Journal of Islamic Law 1, no.
2 (August 2, 2.
: 209.
47 RifaAo Rosyaadah dan Rahayu Rahayu.
AuPerlindungan Hak Asasi Manusia Perempuan terhadap Kasus Kekerasan dalam Rumah Tangga di Indonesia dalam Perspektif Hukum Internasional,Ay Jurnal HAM 12, no.
2 (August 26, 2.
: 266.
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believes that mosques have the right to be empowered by anyone, including Although the patriarchal classical fiqh norms still influence the practice trend of Indonesian society, the laws and regulations in Indonesia have accommodated gender equality.
This matter follows the idea that Auda has put Regarding womenAos leadership.
Auda argues that the ability of womenAos leadership in the public sphere depends on the competence and skills of the MaqAsid al-syarAoah becomes an essential component as a benchmark for womenAos leadership.
49 MaqAsid al-syarAoah aims to create justice and benefit, leading to five principles in Islamic law: protecting religion, soul, mind, lineage, and In the Indonesian context, the law on womenAos leadership is relatively more equal when compared to some countries in the Middle East, which rarely place women in public.
The basic principles of Islamic law are also used as the basis by Auda regarding early marriage.
The marriage of the Prophet with Aisyah should not be used as a justification for the formation of a marriage law that has so far been detrimental to women.
In fact, according to Auda.
AisyahAos age when married by the Prophet was sixteen or seventeen, not nine years as narrated in the hadith.
AudaAos opinion was based on the argument that Aisyah had embraced Islam with her father (Abu Bak.
at five.
Then, she was married to the Prophet Muhammad for the next eleven years.
Thus, the claim that Asiyah married the Prophet at six is a 50 AudaAos thoughts have inspired reforms in the age limit for marriage in Indonesia.
Law Number 1 of 1974 concerning Marriage stipulates that the age limit for marriage for men must be nineteen years and for women sixteen years.
Later, the government revised this provision through a particular article in Law Number 16 of 2019.
This rule equalizes the age limit for marriage between men and women is nineteen years.
48 Auda.
Al-MarAoah wa al-Masjid f UoAoi Nuy SyariAoah wa MaqAiduhA, 123.
49 Moh Romzi.
AuKepemimpinan Bupati Perempuan Probolinggo Perspektif Maqasid Al Shariah Jasser AudaAy (PhD.
Surabaya.
UIN Sunan Ampel, 2.
, 8.
50 AuCanadian Prof.
Ay 51 Yusuf.
AuDinamika Batasan Usia Perkawinan di Indonesia.
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AudaAos thoughts on women and mosques, womenAos leadership, and women and reproductive health have not been without criticism.
Jonathan Brown, for example, argues that Auda has been trapped in the modernity bias into historical facts in understanding hadith.
52 According to him.
Auda did not realize that he was applying an anachronistic way of thinking and imposing modern product value standards to read factual events in the past.
Auda, he added, seemed to deny the hadith about Aisyah, whom Muhammad married at the age of six and interfered with at the age of nine.
The hadith about Aisyah was narrated by several narrators, not only by Hisham bin Urwah.
Brown also explained that Arab society does not reject early marriage.
Even the unbelievers have never had a problem with early marriage, and early marriage only became a problem after the modernist era.
Regarding the maqAsid al-syarAoah theory used and developed by Auda, several scholars believe that the theory is still abstract if it must be interconnected with persistent science.
53 AudaAos thinking is still not widely understood in practice by academics in various universities because scientific integration requires a catalyst to position two sciences.
Abu JaAofar Muhammad bin Jarir claimed that Auda had underestimated the scientific authority built by classical scholars.
54 This claim can not be separated from AudaAos criticism of religious knowledge, which is considered established by some scholars, and AudaAos use of Western science regarding the disciplines of his masters Conclusion Discourse issues against women, such as women and mosques, womenAos leadership, and womenAos reproductive health, will always be dynamic for Currently.
Auda is considered a pioneer of modern maqAsid al-syarAoah theory, which has succeeded in integrating religious knowledge with persistent Auda is also concerned with legal issues developing in the Islamic world, including women and Islam.
AudaAos thinking gives women equal rights with men 52 Muhamad Rofiq.
AuHadis tentang Usia Nikah Aisyah: Kritik Jonathan Brown terhadap Jasser Auda,Ay IBTimes.
ID .
November 15, 2019, https://ibtimes.
id/hadis-tentang-usia-nikahaisyah-kritik-jonathan-brown-terhadap-konsep-jasser-auda/.
53 Retna Gumanti.
AuMaqasid Al-Syariah Menurut Jasser Auda (Pendekatan Sistem dalam Hukum Isla.
,Ay Jurnal Al Himayah 2, no.
1 (March 1, 2.
: 107.
54 Jarir.
JamiAo al-BayAn an TaAowil Ayat al-QurAoan, 352.
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and gender equality in various fields, including mosque empowerment rights leadership in reproductive health.
AudaAos opinion about women is progressive and in line with the opinions of other contemporary scholars.
In the authorsAo opinion.
AudaAos opinion can be used as a reasonable discourse for renewing Islamic family law in Indonesia.
BIBLIOGRAPHY