AL-WIJDyAN: Journal of Islamic Education Studies.
Volume 8.
Nomor 1.
Januari 2023.
p-ISSN: 2541-2051.
online -ISSN: 2541-3961 Available online at http://ejournal.
id/index.
php/alwijdan Received: Oktober 2022 Accepted: November 2022 Published: Januari 2023 Gender Equality In Women's Jurisprudence According To Husein Muhammad And Its Relevance To The Goals Of Islamic Religious Education Dewi Alhaa.
Muhammad Wasith Achadi.
Abdul Wahab Fahrub Universitas Islam Negeri Sunan Kalijaga Yogyakarta.
Universitas Islam Negeri Sunan Kalijaga Yogyakarta.
Institut Islam Nahdlatul Ulama Temanggung Email: abdulwahabfahrub@gmail.
Abstrak Penelitian ini diawali dengan adanya kurang pahamnya masyarakat tentang pengertian gender serta kesetaraan gender pendapat tersebut terdapat pada beberapa buku karya Husein Muhammad sehingga menimbulkan ketidakadilan gender .
arginalisasi, subordinasi, stereotype, double burden dan kekerasa.
yang sering menimpa perempuan yang menjadi korbannya.
Penelitian ini membahas tentang bagaimana konsep kesetaraan gender dalam fikih perempuan menurut Husein Muhammad? Dan membahas tentang bagaimana relevansi konsep kesetaraan gender dalam fikih perempuan terhadap tujuan pendidikan agama Islam?.
Penelitian ini bertujuan untuk mengetahui konsep kesetaraan gender dalam fikih perempuan menurut Husein Muhammad serta untuk mengetahui relevansi konsep kesetaraan gender dalam fikih perempuan terhadap tujuan pendidikan agama Islam.
Penelitian ini menggunakan jenis penelitian studi pemikiran tokoh dengan menggunkan jenis penelitian studi pustaka .
ibrary reseac.
Teknik pengumpulan data pada penelitian ini yaitu dokumentasi dan wawancara dengan tokoh.
Analisis data yang digunakan adalah Analisis isi .
ontent Hasil dari penelitian ini pertama: bahwa konsep kesetaraan gender dalam fikih perempuan menurut Husein Muhammad adalah ide atau gagasan yang terdiri dari beberapa pengetahuan yaitu tentang pengertian gender, bias gender dan peran gender yang selalu menekankan bahwa perlunya suatu keputusan fikih perempuan pada realitas yang berkembang baik sosial, ekonomi, maupun fikih perempuan terdiri dari fikih perempuan dalam rumah tangga, fikih perempuan dalam ibadah, fikih perempuan dalam pernikahan, fikih perempuan dalam kesehatan berkeluarga dan fikih perempuan dalam politik.
Konsep paradigma feminisme menurut Husein Muhammad yaitu menggunakan gagasan tauhid dalam relasi gender, prinsip maqasid syariAoah dan metodologi tafsir perspektif gender.
Kedua : relevansi konsep kesetaraan gender dalam fikih perempuan menurut Husein Muhammad dengan tujuan pendidikan agama Islam ialah terdapat .
dimensi keimanan yang relevan dengan gagasan tauhid relasi gender anatar laki-laki dan perempuan, .
dimensi penalaran yaitu reelvan dengan bahwa perempuan berperan aktif dalam fikiran secara intelektual, .
dimensi pengahayatan yang relevan dengan bahwa perempuan mampu memahami makna gender dan mengaktualisasikannya,.
dimensi pengamalan yang relevan dengan perempuan mampu berperan aktif dalam ranah domestik dan publik, dan .
dimensi nilai-nilai yang sesuai dengan prinsip maqasid syariah.
Kesimpulan dari penelitian ini adalah terdapat relevansi konsep kesataraan gender antara laki-laki dan perempuan yang disandarkan pada nilai-nilai maqasid syariah.
Kata Kunci: Kesetaraan Gender.
Fikih Perempuan.
Pendidikan Agama Islam Abstract This research begins with the lack of public understanding of gender and gender equality.
These opinions are found in several books by Husein Muhammad, causing gender injustice .
arginalization, subordination, stereotypes, double burdens, and violenc.
which often afflicts women who become victims.
This research discusses the concept of gender equality in women's fiqh according to Husein Muhammad and discussing the relevance of the concept of gender equality in women's fiqh to the objectives of Islamic religious education.
This study aims to determine the concept of gender equality in women's fiqh according to Husein Muhammad and to determine the relevance of the concept of gender equality in women's fiqh to the goals of Islamic religious This research uses a type of research, character thought to study using library research.
Data collection techniques in this study are documentation and interviews with figures.
The data analysis used is content analysis.
The results of this study are first: the concept of gender equality in women's fiqh according to Husein Muhammad is an idea or idea consisting of some knowledge, namely about gender understanding, gender bias and gender roles which always emphasizes that the need for a women's fiqh decision in a well-social reality, economics, and politics.
Women's fiqh consists of women's fiqh in the household, women's fiqh in worship, women's fiqh in marriage, women's fiqh in family health and women's fiqh in politics.
The concept of the paradigm of feminism according to Husein Muhammad is to use the idea of tauhid in gender relations, the principles of maqasid syari'ah and the methodology of interpreting a gender perspective.
Second: the relevance of the concept of gender equality in women's fiqh according to Husein Muhammad with the aim of Islamic religious education are: .
a dimension of faith that is relevant to the idea of tauhid of gender between men and women, .
a dimension of that is relevant to that women play an active role in the mind intellectually, .
the dimension of understanding that is relevant to that women be able to understand the meaning of gender and actualize it, .
the dimensions of practice that are relevant to women be able to play an active role in the domestic and public sphere, and .
the dimensions of appropriate values with the principles of maqasid syariAoah.
Keywords: Gender Equality.
Women's Fiqh.
Religious Education Introduction moving toward demands for democratization, justice and upholding human rights.
All of Gender equality in women's fiqh refers to these themes necessitate human equality, and an equal condition and equal treatment all of these are values that are still desired by between men and women in the fulfillment of human culture in all places and times.
God rights and obligations referring to the Qur'an also certainly wants all of this to manifest in and hadith.
That the life of human society is human culture.
Therefore, these values should be the basis for all interests in cultural.
Legal Resource Center for Gender Justice and economic, legal and political discourse.
Human Rights (LRC-KJHAM) noted that Al-Qur'an letter Al-Hujurat verse 13 explains that the most important among humans is the most pious to Allah SWT.
during the Covid-19 pandemic, from March to early May 2020 there were 20 complaints of violence against women in Central Java.
The Head of the LRC-KJHAM Information and AU EOEO a NEE CEOA Documentation Division.
Citra Ayu Kurniawati said that the violence consisted of Meaning: Indeed, the most noble of you in various types.
the sight of Allah is the most pious among "During this pandemic from March to early May there were 20 cases of violence Thus it is relevant to the objectives of Islamic against women," Citra said to Liputan6.
KMA
Monday .
/5/2.
Citra detailed that there number 183 of 2019 namely in general Islamic were five types of violence against women, religious education aims to increase faith, namely sexual harassment which reached understanding and appreciation and practice three cases , seven cases of domestic violence, of Islam, so that they become Muslim humans four cases of cyber crime.
"Six cases of sexual who believe and fear Allah SWT and have slavery, and one case of dating violence," said noble character in personal life, society.
Citra.
nation, state and world civilization2.
However, in achieving the concept of gender equality in The author can mean that violence women's fiqh, we hope that we will against women in Central Java and even in experience things that sometimes do not Indonesia is increasing day by day.
If the match what we aspire to.
For example, there writer analyzes the causes of violence against is gender inequality that often befalls women, women, there are several factors, including which already shows that there is no use of family factors, unsupportive economy, lack of women's fiqh in this matter.
education, and previous cases that were not handled seriously by the government.
Seeing One example of cases of gender injustice the cases that occur, of course there is a need experienced by women is violence.
Data for a strong legal umbrella.
Indonesian violence is defined as sexual violence, as is the women need special legal protection regarding case in the pantura area of Central Java.
The Volume Vi.
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AL-WIJDyAN women.
Indeed, there is already an institution manifests that we comply with the law and is BP3A (Women's Empowerment and Child the embodiment of hubbul wathon minal Protectio.
under the auspices of the Iman which is a manifestation of Indonesian Indonesian Ministry of Social Affairs, but And also the use of law a what is the meaning of this institution if it religion in which the majority of Indonesian does not have an umbrella? strong laws to people adhere to Islam as a manifestation that deal with cases of violence against women.
we obey orders and stay away from His Still in hot discussion about the PKS Bill which has been withdrawn from the prohibitions by using the arguments in the AlQuran and Al-Hadith.
National Legislation Program (Prolegna.
Explanations about gender, gender Commission Vi DPR RI, in which women injustice in Indonesian society can be activists have high hopes that the PKS Bill negotiated with the presence of Islamic can become the PKS Law as a form of legal Religious Education, more specifically, it can umbrella for handling women's violence.
I am very disappointed with the government's jurisprudence in terms of understanding the decision to withdraw the PKS Bill from the laws and arguments regarding women in National Legislation Program, with the Indonesia in carrying out activities with the potential for increased violence experienced majority adhering to the Imam Syafi school of 'i.
Then came a male Islamic feminist Indonesia government itself is not serious.
The restlessness of the authors of the analysis requires education that focuses specifically on discussing the concept of gender so that if gender injustice occurs it can be resolved not only from elements of state law but also the need for Islamic religious law related to women.
Because we live in the State of Indonesia with various cultures, ethnicities.
Indonesian figure in Indonesia who had tried to re-read the concept of gender equality and women's fiqh, namely KH.
Husein Muhammad is a Nahdliyin or a member of the Nahdlatul Ulama wing.
Husein Muhammad as a male feminist figure from the Islamic boarding school clerics.
As Husein Muhammad said in his book entitled Islam Religion Friendly to Women, customs, cultures and religions prone to "The aim of feminism is as a movement to The use of State law in every case increase gender awareness to produce a social Volume Vi.
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AL-WIJDyAN transformation, of course assuming that men Meaning: Seeking knowledge is obligatory will be infected with the ideas of feminism for Muslim men and Muslim women.
(Ibn and if they reject male feminists, instead Abdul Al-Ba.
feminism maintains an essential view by feministsAn.
According to Husein Muhammad, in an ideal-normative way, the Islamic religion does not differentiate between men and women, as The hallmark of her thinking is the defense of justice for women.
His thinking is based on the oppression of women.
As Husein Muhammad said in his book entitled Islam Religion Friendly to Women, namely:
carriers of the safety and mercy of the whole world .
ahmatan lil 'alami.
This research is different from existing research, namely the thesis by Yasirli Amria Wilda entitled "The Concept of Husein "Husein Muhammad as a man who carries Muhammad's Gender Equality Its the idea of Islamic feminism, that feminism as Relevance to the Goals of Islamic Education" a movement based on awareness of women's if the research only discusses aspects of the oppression which is then followed up by concept of gender equality whose relevance to action to overcome oppression suchAn5 the goals of Islamic education does not Constitution concerning the national education system Law Number 20 of 2003 states that every opportunity in education in an education unit does not look at gender, race, ethnicity, religion, social strata and economic level but still pays attention to the education unit 6 In the Islamic religion, it has been explained that guiding knowledge of the law is obligatory for Muslim men and Muslim women or a woman who is Muslim discuss fiqh.
-female fiqh.
Meanwhile, in addition to discussing the concept of gender equality in Husein Muhammad, this research also discusses the jurisprudence of women, such as the role of women in domestic and non-domestic aspects in terms of profession and gender.
Desi Asmaret.
Studies on Gender from an Islamic Perspective (Analytic Study of the Position of Women and Men in Isla.
Journal.
Scientific Syari'ah.
Volume Number 2.
July-December 2018.
This journal uses a type of literature study research and sAN INO AO N EI ONO i IUNU .
a A finds that From discussion of gender from an )A IA Islamic perspective, it can be concluded that Volume Vi.
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AL-WIJDyAN women and men were indeed created by Allah SWT.
Results and Discussion sunnatullah and makes the two harmonious in realizing togetherness in life in the world.
These differences are physical .
, character, duties and responsibilities, but Allah SWT also creates equality in status and evaluation of deeds.
The difference in this journal with the researcher's thesis is that this journal only discusses or explains the position or role of women while the research thesis will not only explain roles but functions, women's behavior with the concept of gender equality in women's fiqh in the context of Indonesian women whose relevance to Islamic religious education goals.
Research Methods The results of this study are that the concept of gender equality in women's fiqh according to Husein Muhammad is an idea or notion that consists of some knowledge, namely about the notion of gender, gender emphasizes that the need for a fiqh decision in a reality that develops socially well , economics, and politics.
And according to Husein Muhammad reality must be one of the main bases in understanding religious texts, so that in many ways, religious teachings are always contextual and not ahistorical, often referred to as shalihun lil kulli Zaman wa and in the concept of gender equality in women's fiqh there are gender perspective The method in this research is a thought study research using a type of literature research .
ibrary researc.
which means uncovering a problem or situation, an event as it is that is deemed relevant and The literature review includes systematic identification and analysis of documents that make up the information.
relating to research and gathering information with interviews to be conducted with informants, namely KH Husein Muhammad.
Interviews were conducted to obtain data sourced from statements.
texts and also the words of scholars in terms of giving laws or arguments about women.
relevance of the concept of gender equality to the goals of Islamic education There are 5 dimensions of women's fiqh, namely: the ijtihadi/intellectual, appreciation, the dimension of practice and the dimension of values.
Then a discussion on the role of women, a discussion on various kinds of women's jurisprudence which aim to achieve equality and benefit.
According to Husein Muhammad, it leads to maqasid sharia, namely the goals of sharia which Volume Vi.
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AL-WIJDyAN contain 5 maintenance or protection for Amin, then they were blessed with five sons humans in carrying out their lives.
The and daughters.
Namely Hilya Auliya.
Layali concept of maqasid syari'ah Imam Ghazali Hilwa.
Muhammad Fayyaz Mumtaz.
Najlah concluded that Allah SWT sent down this Hammada, and Fazla Muhammad.
Husein religion for the purpose of protecting and Muhammad's maintaining the five basics of life, namely Husein Muhammad is a male feminist hifzu al-Din .
reservation and protection of figure from the santri community.
Husein religion and human belief.
, hifzu an- Muhammad is a feminist from among the nafs.
aintenance and protection of the Ulama in Indonesia, he is very concerned sou.
,hifzu al-aqli .
aintenance and protection about and socializes about Islamic and gender of reason or min.
, hifzu al-mali .
aintenance issues with his friends, namely the Kyai and and protection of propert.
, hifzu an-nasli Ulama.
aintenance and protection of offsprin.
experience of socializing about Islam and Thus, the concept of gender equality in Husein Muhammad was born from an women's fiqh is very relevant to the objectives Islamic boarding school environment and of Islamic religious education.
family, at first Husein Muhammad had After Husein Muhammad's conservative thoughts towards women, but Husayn Muhammad's biography after attending a seminar on women in the Husein Muhammad was born on view of religions in 1993 held by P3M with May 9, 1953 in Arjawinangun.
Cirebon.
West Masdar F.
Mas'udi.
Husein Muhammad's Java.
The Husein Muhammad family is a large family from Dar at Tauhid Arjawinangun oppression that occurred and was experienced Islamic Boarding School.
Cirebon.
His father by women.
starting from the thought of was named Muhammad Asyrofuddin from an patriarchal ideology which is very inherent in the life of the environment in Islamic Patriarchal background in Islamic boarding schools.
Meanwhile, his mother.
Umm Salma Syathori, becomes a religious teaching which is was the daughter of the founder of the Dar at automatically carried out in the pesantren Tauhid Arjawinangun Islamic environment because the learning system or Syathori12.
Husein life in the pesantren refers to the yellow book Muhammad married Lilik Nihayah Fuad or classic books in which it is not uncommon KH.
to find the contents of the book contrary to Volume Vi.
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AL-WIJDyAN the local conditions of the time and place in in many ways, religious teachings are always which the pesantren exists.
The ideas contextual and not ahistorical, often referred promoted by Husein Muhammad are different to as shalihun lil kulli Zaman wa makan15.
from other Islamic feminisms.
It has a in the concept of gender equality in women's particularity, namely in carrying out Islamic fiqh, there are texts from a gender perspective and gender discourses which is the depth of and also the words of the clergy in terms of classical Islamic literature in conducting giving laws or arguments about women.
counter analysis or arguments against gender inequality in society which is very rarely Definition of Gender possessed by other Muslim feminists.
Husein Gender among scholars is considered a Muhammad's important role in Islamic term that is still very foreign.
The first thought is to rebuild Islamic ideas and offer impression that scholars get is that gender is new ideas that are fairer, more humane and English or the language of Westerners.
This more promising for equality for men and can be understood a priori negative.
Some Muhammad's scholars even suspect that gender and concentration on feminism is about the feminism are movements that attempt to Husein influence of religion on women.
incorporate western, orientalist and other The Concept of Gender Equality in Women's Jurisprudence According to Husein Muhammad Islamic law.
Aware of this situation, a number of women activists are trying to find equivalents for the term gender in Arabic or The concept of gender equality in ideologies that can destroy religion and Husein Muhammad is an idea that consists of some knowledge, namely the notion of gender, gender bias and gender roles which always emphasizes the need for a fiqh decision on a developing reality both socially, economically and politically.
And according to Husein Indonesian in the hope that it will be accepted more sympathetically by the ulama.
However, they still have not succeeded.
According to Husein Muhammad in his book entitled.
Fiqh for Women, the Kiai's Reflection on Interpretation of Religious and Gender Discourses says:
Muhammad reality must be one of the main "That the notion of gender is the difference bases in understanding religious texts, so that between men and women based on social Volume Vi.
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AL-WIJDyAN construction.
Differences that are not natural are five indicators of gender inequality, and not created by God but are created, both men and women through a long social and cultural process and gender always changes ) Marginalization from time to time, from place to place, even is a form of marginalization of certain from class to class, while gender will not genders, generally women, such as the change because it is the nature of notion that women are unfit to be leaders.
God.
An Marginalization also often leads to the Gender is also the role, position and duties between men and women determined by society or social construction based on the nature of women and men which are considered in accordance with the norms, customs, beliefs or habits of society.
With an explanation of the meaning of gender according to Husein Muhammad above, the writer can say that gender can change from time to time due to developments that affect values or norms in people's lives, for example, many women have become doctors, politicians, regents, and impoverishment of women because they do not have space to get job opportunities.
Patriarchal culture which on the one hand has placed women in marginal areas.
example of marginalization according to Husein Muhammad is that women only work in the domestic aspect .
aking care of the househol.
while men can work in the According Husein Muhammad, if culture is the reality of surroundings in general, it still clearly shows a preference for men.
As Husein Muhammad said in his book entitled Husein Gender Bias Muhammad.
Female Fiqh Reflections of the Kiai on Interpretation of According to Husein Muhammad in Religious and Gender Discourses, namely several of his books, it is said that the "An example of marginalization in concept of gender differences and gender Javanese culture is that women are roles is the concept that most often creates seen as sidekicks wingking of the man gender injustice.
According to him, there who becomes her husband.
He is a life Volume Vi.
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AL-WIJDyAN partner with hindsight status.
Then explore fiqh themes related to women, after that, suargo nunut nerok katut most of these issues are based on slander means going to heaven or going to The Prophet Muhammad once hell with their husbands.
In this way, conveyed his words:
women are a people who are totally "I did not leave, after me.
One slander dependent on men 18.
Surah that harms men more than women.
An Baqarah By religious interpreters, this hadith is then used as an excuse or basis for U A a aE eO a eA A Iac aE eO n Aae a ei a ea aE eO aac ae a eO n aiCa ac aO eiA a aa c aAcEEa ai eNa aU eei a ac aE eO acO NCa eiaa aiA ( aseA aa eI aUue aO aaOA c AaEa ea a aE eO aiacCaiA legitimacy to limit women's movements and )223-:2/AICA Wherever they go they have to be with activities outside the home in a normative their mahram.
men are not her mahram20.
AiMeaning: Your wife is your field, so come to your field whenever you want and in the way you likeAn.
Subordination namely demeaning or despising certain genders, generally women, for example the view that women do not ) Stereotypes have the right to go to high school.
that is, negative labeling of a certain example of subordination in Islam is that in Islamic teachings parents are encouraged for newborn children to Women are a source of slaughter the Aqiqah animal for boys 2 slander which according to its original goats and 1 goat for a girl, and a man meaning is a trial or test.
In our language it has the right to marry while the woman can be interpreted as a source of social he marries is then a man.
men who chaos and damage, as well as a source of have the power to divorce their wives heart turmoil or male lust.
According to while women can only submit a motion Husein Muhammad this is also a form of of no confidence to the court may not stereotype against women who receive divorce immediately21.
justification from religious texts.
When we ) Double/multi burden Volume Vi.
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AL-WIJDyAN namely the role that must be of women's reason and religion.
The played by certain genders, generally lack of sense here is that in the women, which are stacked between testimony of women, half of the their public roles and their domestic testimonies are men, 2 women, while 1 As a result of the patriarchal cultural system, women can only play a mentions this.
While the lack of role or work privately, namely only in religion is that when a woman taking care of the household, social menstruates it has to do with the reality develops and is realized and it is biological function of the monthly impossible to deny that women are cycle every healthy and normal woman will experience it.
With menstruation, it surface, taking the position of men in is forbidden for women to pray, read the public aspect.
22 women have a the Qur'an, fast is a law of God that double role or double burden apart cannot be violated and that is why from being a housewife who has to women, in the view of conservative take care of household needs but she Muslims, are half and below men24.
also becomes a substitute worker for the role of men Violence against certain genders is experience sexual abuse, rape and also physical, psychological and economic 23 Patriarchal culture can lead us to a view that demeans women.
Qur'an Gender Roles ) Domestic Room ) Violence Even creatures so they easily become victims of violence.
Ulama also mention a hadith of the Prophet Muhammad SAW which stated about the low level The domestic realm is familiar with everything related to activities within the household such as educating children, cleanliness and beauty, which is a social construction in certain societies25.
Figures close to this realm are women.
The presence of women in the domestic sphere seems to have become their natural nature.
This is triggered because the process of becoming a woman in the domestic environment is related to the Volume Vi.
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AL-WIJDyAN natural nature of women related to the long as they are placed fairly and are not theory of nature, namely human nature based on discriminatory views.
However, that is formed due to biological factors.
in general, commentators are of the Women who are married and have children become very attached to this Activities that take place in the domestic sphere can be anything, as long as they occur in the home environment, for example.
various household chores, from cleaning the house to taking care of opinion that male superiority is absolute, because male superiority was created by God so that it will never change.
Husein Muhammad said in his book entitled.
Female Jurisprudence, the Kiai's Reflection on Interpretation of Religious and Gender Discourses:
family needs.
26 Feminist thinkers argue Ar-Razi in his commentary says that such women's positions are due to that men over women include two ideological and cultural factors that favor things: Knowledge and ability, men, perhaps also justified by religious This can be seen, for example, knowledge exceeds reason.
in the interpretation of the verses of the women's knowledge and for hard Qur'an in Surah An-Nisa verse 34:
works she is more perfect.
The AIE CiOiU NOIa U AI NEEA sAeO N iU aACi OA AOiIeOA same view was also expressed by other interpreters, such as Ibn Katsir.
Az-Zamakhsyari.
Qurtubi.
Muhammad Al- Abduh.
Meaning: Men are "qawam" over women Sheikh Muhammad Thahir Bin because Allah SWT has exaggerated some Asyur, of them over others and because they Hijazi and so on28.
provide a living from their wealth (QS.
An-Nisa ': .
Ath-Thabathaba'I.
Al- maintained as something general and That is, not every man is Tafsir experts state that "qawwam" is definitely more qualified than a woman.
a leader, person in charge, regulator.
This is not only because it is seen as a form educator, and so on.
Categories like this of discrimination that is not in line with the will not become a serious problem, as principles of universal humanity, but also Volume Vi.
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AL-WIJDyAN because the social facts themselves have hands are still trying through awareness or not disproved it.
This is a necessity that no one to maintain their superiority.
31 On the other can deny, as times have changed, now hand, the reality shows that there is an there are more and more women who have increasingly advanced cultural process.
the potential and can perform roles that so stated by Husein Muhammad in his book far were seen as only and should belong to entitled Fiqh for Women Kiai's Reflection on Interpretation of Religious and Gender Discourses:
) Public Space Al-Qur'an as the main source of jurisprudence, declares itself as a book of guidance and mercy.
It also states that the Prophet Muhammad was sent to the world to water mercy for the universe.
The ideal of the Qur'an is the creation of a human life that is moral and respects universal human values.
And the views on basic principles and human rights have actually become the commitment of all Muslims.
Not a single Muslim denied it.
However, the problem becomes not simple when they enter into more specific issues, particular issues30.
We have seen a number of DPR, chairmen of political parties and so on, as well as jobs and professions.
Social reality once again according to Husein Muhammad is able to show that men's greatness and women's professional standpoint are being sued and undermined, even though male hegemonic AiLife is no longer moving in stability and stagnation.
There is a social dialectics that moves continuously, from nomadic life to civilization, from traditional to rational thinking, from closedness to openness.
An32.
Gender Equality Gender equality refers to an equal condition and equal treatment between men and women in the fulfillment of rights and obligations.
According to Husein Muhammad, the life of human society is democratization, justice and upholding human rights.
All of these necessitate human equality, and all of these are values that are still desired by human culture in all places and times.
God also of course want all of this to be realized in human culture.
Therefore, these values should be the basis for all interests in Volume Vi.
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AL-WIJDyAN cultural, economic, legal and political position of women which can continue to be It is hoped that later in these applied and then not hindered by partial texts.
discourses there will be no more questions As Husein Muhammad said in a scientific giving opportunities for the creation of a oration at the awarding of doctor honoris system of life that is discriminatory, causa to Husein Muhammad from UIN Walisongo Semarang.
whoever they are and regardless of their gender, whether male or female.
in this case the Prophet Muhammad said:
AiThat human equality is a necessity of Believing only in Allah, the Greatest and Most High Allah, sAU NEE aE Oa I EO iaE I AiEO iIEA automatically also necessitates a )cAOa I CNi EO iUIEO .
a ONO A AOOA belief that besides Allah, they are Meaning :Indeed.
Allah does not see your physique and appearance, but sees your heart and your deeds 33.
Al-Qur'an equal or the same.
Then the idea of monotheism can be the basis for solving issues concerning humanity, as well as issues of inequality in Al-Hujurat explains that the most important among humans is the most pious to Allah SWT.
AU EOEO a NEE CEOA gender relations between men and An35 Ideally-normative Islam does not differentiate between men and women.
moreover to discriminate against women.
Islam as the Meaning: verily the most noble carrier of the safety of the people and the among you in the sight of Allah is mercy of all nature, then Islam places the the most pious among you.
And humans in the sight of Allah are the same regardless of gender, whether they are women or men, it's just that what makes the difference here is the piety of each individual.
This is a universal text which is the pillar or basis of justice or gender equality, thus Islamic elevation and position of women as proof of its primacy.
Women during the Jahiliyah era were not valued, with the arrival of Islam they got a place of respect, received education and actualization and self-potential development.
WomenAos Jurisprudence teachings can be transformative regarding the Volume Vi.
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AL-WIJDyAN The author's point of view gives the meaning that women's fiqh has two concepts of meaning.
The first is that women's fiqh is about amaliyah laws in terms of implementing or fulfilling the Shari'a, for example the problem of guardianship in marriage.
The second is about the arguments regarding the law on the implementation or management Based on the explanation of this understanding, it can be formulated about the understanding of women's fiqh, namely the understanding of the law and the arguments relating to women in carrying out their activities.
mawadah warahmah .
ull of love and compassio.
An36.
This based on the word Mu'asyarah derived from the root word usyrah, which linguistically means family, relatives, close friends and the word muasyarah in Arabic is formed based on sighah musyarakah baina al-itsnain, namely togetherness between the two parties.
Related to the thinking of women in household life, there are several important points that the author will explain:
) The Right of MuAoasyarah bi al-maAoruf Because the understanding of women's fiqh is closely related to syara' law or with the On this issue, according to Husein arguments of aqli and naqli, then in terms of Muhammad in the Qur'an, giving the meaning of the understanding of instructions for husbands in the women's fiqh is an understanding of the Qur'an Surah An-nisa verse: 4 existence of women as a result of ijtihadi Aiies IUAA which is also called ijtihadi fiqh.
) Fiqh Women in the Household Husein Muhammad stated in his book entitled.
Female Fiqh in the Kiai's Reflection on Religious and Gender Discourse Interpretation:
Meaning :AAnd hang out with them .
our wive.
in a good way.
Meanwhile, the guidance for the wives is the surta al-Baqarah verse: 228 AiIes OI In Oes IUAA is a cooperative relationship between Meaning: AAnd women have equal the two parties.
Aiming to create a rights with their obligations, according life that is sakinah .
to good ways.
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AL-WIJDyAN Mu'asyarah in the sentence above according to the Qur'an which is obligatory means a kinship, friendship and kinship for husbands is found in Al-Qur'an Surah Al-Baqarah verse 233 namely:
Then Al-Ma'ruf comes from the A ACes iEies IUAAUcAiN IUi IA word 'Urf which literally means habit, custom or culture.
Habits or customs are Meaning:A"And, it is the duty of something that is well known by members the father to provide food and of a particular community.
So, ma'ruf clothing to the mothers in a good means something that is recognized in a According Husein Muhammad formulated that ma'ruf is a However, in the letter ath-Thalaq verse 7 that custom or tradition as well as norms that the living that must be given to a wife from are being developed or carried out in a the husband is according to the ability of the Then Husein Muhammad argues Mu'asyarah al-Ma'ruf caAIOaAC i Os A friendship and kinship that is built together Meaning: "A person should be able in a good way then in accordance with to provide a living according to his tradition and custom.
then the author's opinion about Mu'asyarah Bi al-Ma'ruf in which there is an equal role where men and women in household life complement each accordance with the verses of the Qur'an, namely that maintenance for a wife includes household furniture, food, side dishes, as well ) Living as tools for cleaning limbs, housing and The word maintenance literally means expenses or something that is issued by someone for several people who are the responsibility of that person.
Then this expenditure must be given to meet good The The helpers .
f neede.
Then according to the Shafi'i school of thought, that is, a measure for food and clothing or clothing is based on the ability of the husband, but for housing or housing, that must be adjusted to the habits of the wife.
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AL-WIJDyAN c.
) Muasyarah in sexual relations "The classic rule of jurisprudence that is Sexual relations and human relations carried out by the husband and wife are that husbands and wives must accept and give each other, love and care for each other, of course not hurting each other and not neglecting each other's rights or the opinion of the Syafi'I still running that the wife's job is to serve her husband's sexual needs, manage and accompany her husband's Prophet Muhammad SAW.
Said:
sAiIU AO O Aie O ie Ou iI A ) A( c In iONOA.
AOeA school that the husband's obligation to have intercourse with his wife is basically Meaning: And, a wife is responsible only once for as long as the two of them .
in her husband's house and become husband and wife.
This opinion is she will be held accountable for her based on that having sex is the right of the duties and obligations 40.
This obligation is also only to maintain the morale of a wife.
Another Then according to Husein Muhammad in the reason is that a person can only carry out a same book he says:
husband and wife relationship if there is an urge for lust.
Then the sexual relationship between husband and wife must be practiced in a good and reasonable way.
a sense, the husband has intercourse with his wife through the front road and not through the back road.
"The duties of the wife above are the main personal/individual obligation in other words fardhu 'ain.
The scholars agree in the opinion that the wife's duty is the main obligation"41.
One of the contemporary scholars from ) Duties of the Wife Egypt, namely Sheikh Al-Ghazali, who According to Husein Muhammad in his often progressively defends the rights of Kiai's he says in his book entitled Reflection on Interpretation of Religious Sunnah an-Nabawiyyah baina Ahlul Fiqh and Gender Discourses:
wa Ahlu Hadith "A mother is a cool breeze Fikih Wanita that blows love and comfort throughout the rooms in her houseAn.
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AL-WIJDyAN Even so, according to Husein Muhammad, outside of these tasks the wife is able to do jobs inside and outside the The history of the life stories of women at the time of the Prophet for the couple but also for the family, community and country"44.
) Fiqh of Womwn in Marriage ) Young Marriage Muhammad, including the wives of the Prophet, proves this fact.
Among them The discussion on the analysis of work as mothers who breastfeed and care young marriage is that according to the for other people's children, farming.
Syafi'I school of thought, marriage is trading, teachers and household servants.
What is an important concern of Islam is concerned is unable to meet his needs and that there is a guarantee of security for obligations, the obligation in question is the obligation to fulfill the needs between violence or harassment both in the name husband and wife.
It seems so clear that the of religious norms and social norms.
most important and crucial problem in young marriage is the age of marriage.
According to Husein Muhammad, according to Husein Muhammad is the he has read or analyzed the relationship factor of whether or not there is an element between men and women in women's fiqh or principle of benefit.
If the young marriage in domestic life, namely that women need to does not fulfill the principle of benefit, then be given the right to actualize themselves in the marriage is not justified.
And in the end activities or activities outside the home, the purpose of marriage between men and women are also expected to be able to women is intended as an effort to protect sincerely give whatever to be her husband's self-respect .
ifzh al-ird.
So that they will In his book Husein says that:
not fall into actions that are forbidden, then "The most important thing in this relationship is to make serious efforts so that these two humans are able to aim to protect or maintain the continuity of human life/offspring.
) The Right to Choose a Spouse build a household life in a harmonious and beneficial atmosphere, not only There is a general view that according to fiqh experts, women cannot determine the choice of a partner for their life.
What Volume Vi.
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AL-WIJDyAN determines here is only the rights of his father and grandfather.
This is according to Husein Muhammad Islam ) Fiqh of Woman in Household Health ) Reproductive Health assumptions that justify forced marriages.
Reproductive health is health that is very And the discussion about the right to choose crucial, women's health is a physical and a partner cannot be separated from the spiritual condition that does not have discussion above, namely about ijbar and disease, is clean, intact and protected from Husein disturbing things in the reproductive Muhammad, the issue of ijbar and wali system in women concerning its functions mujbir in the general view means that the and processes.
Issues that are considered definition of wali mujbir is a woman's related to women's reproductive health are parents who in the Shafi'I school are male about their sexual life, which is not forced parents or fathers, if there is no father can when having sexual relations between be replaced by grandfather.
Then the right husband and wife, their rights to regulate of ijbar is thus the father's right or the birth process of their children, grandfathers to marry their daughters, both determine the number of children, the adults and young people unless they are right to receive good treatment from all widowed, their fathers or grandfathers with And in the end, in his book, ijbar rights can marry their daughters Husein Miuhammad says: Reproductive health is down to everyone's attitude According Husein towards women who are created equal and Muhammad, by looking at the meaning of equal to men, so that health can also mean the right of ijbar, in fact the power of a social health46.
According father over his daughter to marry a man is not an act of coercion without regard to the According to Husein Muhammad, the willingness of her child.
So actually a woman Islamic view of reproductive health is that also has the right to choose her own partner Islam pays very serious attention to the without coercion from the father.
In order ongoing life of humans, both men and to maintain harmony in the family where women, both individually and socially, who there is mutual concern and affection are physically and spiritually healthy, between father and children.
because physical and spiritual health is a condition for achieve a prosperous life in Volume Vi.
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AL-WIJDyAN the world and a happy life in the hereafter, there is really a sign -signs for people as is often conveyed in the prayers of who have mindsAn.
Muslims:
With the foundation of love and Meaning: O our Lord, give us all the healthy ways in the relationship that is good in this world and the good in the forged by husband and wife in marriage hereafter and protect us from the life, it must be carried out in an attitude torments of hell.
that accepts each other sincerely and gives ) Marriage to each other.
Understand each other, respect each other, without coercion and Thus, in family health, there is no discrimination or violence against recommended by Islam is first of all as a women because this marriage is based on love and affection.
Marriage affection between men and women, ) Fiqh of Women in Politics based on love and affection, the system Discussing the fiqh of women in of life lived by husband and wife will politics means also discussing the role of harmonious and must also go through women in politics.
Then the views on healthy processes as well.
This has been principles and human rights have actually explained in the Al-Qur'an letter Ar- become the commitment of the Muslim Rum verse 21.
In the view of the majority of A U NC IEO Os aAEO Ai IEaiA,cAiOs OA A U AO IE EOA,AIOe iI OaEO Oi iUA UiAICiO OAEA conservative fiqh experts so far, that the political role in terms of amar ma'ruf nahi munkar between men and women has the same rights and obligations.
According to Meaning: "And, among the signs of the Husein Muhammad, power of Allah SWT is that He created produced through mental and intellectual wives for you from your own kind, so activities that are not in a vacuum of space that you feel comfortable at peace with and time, with their respective problems him, and made Him between you and logic.
compassion and affection, in fact in that Volume Vi.
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AL-WIJDyAN a.
) Women's leadership from an Islamic religious perspective An49.
Commentators such as Ar-Razi.
Az- Husein Muhammad said that Zamakhsyari and Ath-Thabathabai state from Imam Al-Mawardi and Abu that qawwam means leader, person in Ya'la they stipulated several conditions charge, protector, educator, regulator.
for membership in this institution.
Then they further say that the advantage of which is also known as ahlul halli wa men over women is superiority in reason aqdi and ahlul ikhtiyar.
The purpose of and physique.
Other interpreters expressed these requirements is someone who is the same opinion as Imam Al-Qurtubi.
Ibn able to act fairly, has the ability to Katsir.
Muhammad Abduh.
Muhammad choose a candidate for head of state Thahir Bin Asyur and Al-Hijazi argued that and expertise in choosing a head of the advantages possessed by men over Then, according to Husein women were given by Allah SWT.
Muhammad in his book, quoting the something that is fitrah, natural and words of Al-Mawardi and Abu Ya'la.
Based on this principle, they all both of them are Sunni political share the same opinion that women are thinkers who do not explicitly state:
inappropriate and worthy of occupying AiHis view is about the legality of Opinions about the whole issue of the role of women, initially referring to the verse of the Qur'an Surah An-nisa verse 34 positions or positions of power in public and politics, especially the power to However, nowadays the opinion about the superiority of men over women has begun to be eroded by reality.
which contains the meaning that Social reality and modern history have men are interpreted by qawwam proven the rise of women, it has been that over women.
Because Allah SWT women who carry out tasks that have been has bestowed the advantages of the duties of only men can do them.
This some of them over some of the social reality certainly shows that the opinions others and because they .
and views that have believed in nature and the provide maintenance from their naturalness of these characteristics are not Volume Vi.
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AL-WIJDyAN true.
The truth is that it is a product of social women in a kingdom, as said by the construction that was deliberately created.
Prophet Muhammad.
also explains that there is an increasingly advanced cultural process.
sA A,sAs IA,A a iAA,Aa UU s IeOOA A IC aO NEE ENU Ue Os iEA: A CEA,AO EA Then referring to the opinion about UA OE A.
ANEE AN NEE NOc iNO OO IUIA the role of women in politics against the A IU N iEA:ACEA.
AIC A IUI ACI OeOA Qur'an Surah An-Nisa verse 34 is a discourse ANEE AN NEE NOc iNO U eI A C ONEi NOeOA of fiqh thought, according to Husein A Is OAN CiO i OeO OA:A CEA,nAa EA Muhammad this verse has a contextual and sociological nature.
Strictly speaking the Meaning: "Usama Bin Haitsam told us: Auf verses of Al-Qur'an letter An-nisa 34 are a then told us from al-Hasan from Au form and as a guide regarding the application Barkah, he said: Allah has made me aware, of benefit to real situations and conditions through the sentences that I heard from that occurred in a verse when it was the Prophet, when I was almost involved Husein in the incident of the jamal war namely the Muhammad regarding today's social reality camel war, occurred when it was conveyed which shows a lawsuit for the superiority or to the Prophet, that the people of the greatness of men over women both in the Persian country had appointed a daughter intellectual and professional aspects, then in named Kisra as their queen or ruler.
Then this way many very broad opportunities have at that time the Prophet said: will not be opened for women to occupy strategic lucky nation led by women"51 Then positions of public leadership, even become Ibn Hajar Al-Asqalani, a scholar with a Shafi school of thought, said about the hadith above, that the hadith above tells the ) Female President story of Kisra who tore up a letter from the Indonesia is one of the countries that Prophet Muhammad.
At one point, he was has succeeded in writing history in the killed by his son, then this child also killed his world about women's presidents, where Not long after, his power was the 5th president of Indonesia, namely destroyed, as the Prophet's prayer52.
Megawati Soekarno Putri, was a woman.
The next argument is about the power of Volume Vi.
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AL-WIJDyAN The explanation of the hadith is a been tyrannical, autocratic and centralized.
disclosure in the form of a notification Then Husein Muhammad argued that the framework, information conveyed by the most important thing in leadership is a Prophet Muhammad.
Semata, it is not a person's ability and intellect possessed by framework for ratification in law, according to Husein Muhammad, he emphasized that the hadith has no relevance to the law.
In the opinion of Husein Muhammad who quoted the words of Dr.
Abdul Qadir Abu Faris that the hadith does not only apply to the Persian nation, but to all nations led by women, then Husein Muhammad said that for issues related to politics and society, the factor of benefit is a factor.
Ibn Qayyim al-Gauziyah.
Ibn Aqil what must be the point of consideration is the ,AIO O EU AE OEiU Oc Ia C I IAEA sound of the hadith which gives instructions cA iU IO Oc IiE AN NEE NOA,Ai s IAA on the general meaning , not a consideration AiaE aE c iOA,AiNOA of context.
Meaning: "In political issues, what is needed is then according to Husein Muhammad to use methods that can lead people to a life said that the meaning of the hadith cannot be that guarantees full benefits and keeps them defended when faced with some existing from being corrupted/damaged, even though historical facts, a number of women have these methods were never carried out by the proven and proven to be able to lead the Prophet Muhammad and there were no rules nation and the State successfully.
As an on God's revelation.
example of the story of queen Bilqis who was able and had a resounding success leading the According to Husein Muhammad, in the issue of leadership the most important country of Saba'.
thing is benefit.
Benefit in public or political According to Husein Muhammad, if power includes the enforcement system this is the case, then the hadith must be through democratic means, based on the understood in terms of meaning and cannot constitution and protection of human rights.
be generalized to all cases, but is specifically Thus, it becomes clearer and stronger that a intended only for cases in the Persian nation public leadership has nothing to do with at that time, whose leadership could have matters of gender, but rather on a person's Volume Vi.
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AL-WIJDyAN individual qualifications, moral and intellectual and protection of propert.
, hifzu an-nasli integrity are driven by a supportive political .
aintenance and protection of offsprin.
Thus, the concept of gender equality The Relevance of the Concept of Gender in women's fiqh is very relevant to the Equality in Women's Jurisprudence to the objectives of Islamic religious education.
Goals of Islamic Religious Education relevance of the concept of gender equality in the concept of gender equality in dimensions in the definition of women's fiqh, ijtihadi/intellectual dimension and the values dimension.
Then a discussion on the role of women, a discussion on various kinds of women's jurisprudence which aims to achieve equality and benefits.
According to Husein Muhammad, it leads to maqasid sharia, namely the goals of sharia which contain 5 maintenance or protection for humans in carrying out their lives.
The concept of maqasid syari'ah Imam Ghazali concluded that Allah SWT sent down this religion for the purpose of protecting and maintaining the five basics of life, namely hifzu al-Din .
reservation and protection of religion and human belief.
, hifzu an-nafs .
aintenance and protection of the sou.
, hifzu al-aqli .
aintenance and protection of reason or min.
, hifzu al-mali .
aintenance Husein Muhammad with the aim of Islamic religious education is that there are .
the dimension of faith that is relevant to the idea of monotheism in gender relations between men and women, .
the dimension of reasoning which is relevant to that women play an active role in the minds intellectually, .
the dimension of appreciation that is relevant to the fact that women are able to understand the meaning of gender and actualize it, .
the dimension of practice that is relevant to women being able to play an active role in the domestic and public sphere, and .
the dimension of values that are in accordance with the principles maqasid sharia.
Conclusion The concept of gender equality in Husein Muhammad contains gender perspective texts and also the words of the clergy in terms of Relevance of the Concept of Gender Equality to the Goals of Islamic Volume Vi.
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AL-WIJDyAN Education.
the concept of gender equality in AiPeraturan Pemerintah Republik Indonesia UU No.
20 Tahun 2003 Tentang Sistem Pendidikan Nasional.
An Zitteliana 18, no.
: 22Ae27.
dimensions in the definition of women's fiqh, ijtihadi/intellectual dimension and the values dimension.
Then a discussion on the role of women, a discussion on various kinds of women's jurisprudence which aims to achieve equality and benefits.
According to Husein Muhammad, it leads to maqasid sharia, namely the goals of sharia which contain 5 maintenance or protection for humans in carrying out their lives.
The concept of maqasid syari'ah Imam Ghazali concluded that Allah SWT sent down this religion for the purpose of protecting and maintaining the five basics of life, namely hifzu al-Din .
reservation and protection of religion and human belief.
, hifzu an-nafs .
aintenance and protection of the sou.
, hifzu al-aqli .
aintenance and protection of reason or min.
, hifzu al-mali .
aintenance and protection of propert.
, hifzu an-nasli .
aintenance and protection of offsprin.
Thus, the concept of gender equality in women's fiqh is very relevant to the objectives of Islamic religious education.
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