Al-Istinbath Jurnal Hukum Islam Vol.
No.
2, 2025, 732-760
P-ISSN: 2548-3374 .
, 25483382 .
http://journal.
id/index.
php/alistinbath A Rhetorical-Legal Hermeneutic: Representations of Women in the Qur'an through Balaghah and Their Implications for Islamic Law Renti Yasmar1.
Mia Nurmala2.
Yayan Nurbayan3.
Erlina4.
Tiara Atikah5 Universitas Islam Negeri Maulana Malik Ibrahim.
Malang.
Indonesia 1,4 Universitas Pendidikan Indonesia.
Indonesia2,3,5 Corresponding Author : rentiyasmar@iaincurup.
DOI: 10.
29240/jhi.
Received: 21/08/2024 Revised: 4/02/2025 Cite this article:
Accepted: 15/06/2025 Renti Yasmar.
Mia Nurmala.
Yayan Nurbayan.
Erlina.
Tiara Atikah .
A Rhetorical-Legal Hermeneutic: Representations of Women in the Qur'an through Balaghah and Their Implications for Islamic Law.
Approach.
Al-Istinbath : Jurnal Hukum Islam, 10 .
, 2025, 732-760 Doi : 10.
29240/jhi.
Abstract This study addresses contested interpretations of women's status in Islamic law by innovatively applying Balaghah (Quranic rhetori.
to analyze gender representations in the Quran.
Using rhetorical analysis of kalam khabari .
, kalam insha'i .
, and kinayah .
, we systematically examine verses concerning inheritance, testimony, and women's rights.
Our findings reveal that the Quran's linguistic structures consistently affirm gender equality, contradicting patriarchal readings - particularly through its deliberate use of rhetorical devices in key verses .
Q 4:7.
Q 2:.
The study's novelty lies in developing a Balaghah-based framework for Islamic feminist jurisprudence, demonstrating how Quranic rhetoric inherently safeguards women's dignity.
This provides: .
a new methodology for gender-sensitive Quranic exegesis, and .
textual evidence for reforming patriarchal legal interpretations.
These findings are significant for contemporary Muslim societies, offering a Quran-grounded approach to aligning Islamic law with gender justice principles.
Keywords: Representation of women.
Islamic law, the verses of the Quran.
Balaghah science.
Copyright A 2025 Renti Yasmar, et.
This work is licensed under a Creative Commons Attribution-Non Commercial-ShareAlike 4.
International License Hendi Sugianto : Islamic Law And Gendered Inheritance A.
| 733
Introduction As half of the world's population, women have always been an exciting and complex topic of discussion.
Various issues surrounding women, both Gender and sex, continue to colour social and cultural dynamics in different parts of the 1 Women's issues cover everything from gender equality, sexual discrimination, and violence against women to reproductive rights.
2 In various parts of the world, women still face various forms of oppression and injustice caused by factors such as patriarchal social and cultural constructions, as well as the lack of women's access to education, health, and economic opportunities.
Despite IslamAos foundational principles of gender equality .
Qs.
AnNisa: 32.
Al-Hujurat: .
Empirical studies continue to show that women in many Muslim-majority societies face systemic challenges such as economic marginalization, restricted political participation, and gender-based violence that is sometimes culturally or religiously justified.
3 These contradictions stem not from the Quran itself but from interpretative biases rooted in patriarchal traditions4 and literalist readings of texts divorced from their socio-historical 5 This misunderstanding about the representation of women is rooted in various factors, such as misinterpretation of texts and rigid and literal textual interpretation of verses of the Quran relating to women, without consideration of the social and cultural context at the time the verses were sent down.
Patriarchal cultural influences: The influence of patriarchal cultures that dominate various aspects of life, including religious interpretations, trigger biased and unfair interpretations of women.
Political and social interests: Misinterpretations of the 1 Sukanya Paradkar et al.
AuAoMostly WomenAos IssuesAoAeGender Differences in Community Responses to a Large-Scale NGO Programme to Prevent Violence against Women in Urban India,Ay in WomenAos Studies International Forum, vol.
107 (Elsevier, 2.
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2 Irma Durrotun Niswah.
AuWomen Empowerment and the Islamic Perspective: A Review,Ay Journal of Islamic Econonomic Literatures, 2022.
Norani Othman.
AuMuslim Women and the Challenge of Islamic Fundamentalism/Extremism: An Overview of Southeast Asian Muslim WomenAos Struggle for Human Rights and Gender Equality,Ay in WomenAos Studies International Forum, vol.
29 (Elsevier, 2.
, 339Ae53.
Berfin yNakn.
Saskia Glas, and Niels Spierings.
AuPolarization.
Religiosity, and Support for Gender Equality: A Comparative Study across Four Muslim-Majority Countries,Ay in WomenAos Studies International Forum, vol.
103 (Elsevier, 2.
, 102880.
Iim HalimatusaAodiyah and Windy Triana.
AuSexism and WomenAos Access to Justice: Feminist Judging in Indonesian Islamic Judiciary,Ay in WomenAos Studies International Forum, vol.
103 (Elsevier, 2.
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4 Lulu Mubarokah.
AuWanita Dalam Islam,Ay Journal of Islamic Studies and Humanities 6, no.
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5 Sarifa Suhra.
AuKesetaraan Gender Dalam Perspektif Al-QurAoan Dan Implikasinya Terhadap Hukum Islam,Ay Jurnal Al-Ulum 13, no.
: 373Ae94.
6 S.
El-Awa.
Textual Relations in the QurAoan: Relevance.
Coherence and Structure, 1st ed.
(Routledge, 2.
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org/https://doi.
org/10.
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representation of women in Islam are often used for specific political and social purposes, strengthening corrupt power structures and marginalizing women.
As a result of this misunderstanding, women in various parts of the world suffer from restricted access to education and employment, physical, sexual, and emotional violence, early and forced marriages, injustice in the legal system and marriage, and inequality in political participation and leadership.
According to the UN Women report entitled "The World's 50 Worst Places to be a Woman 2022"8, fwomen in various countries still face various forms of discrimination and injustice, such as inequality in pay and employment opportunities, domestic violence, women's marginality in religious interpretation, and low representation of women in politics.
9 This misunderstanding about the representation of women in Islam is not only detrimental to women but also impedes the progress and development of society as a whole.
Women's potential and extraordinary talent are inhibited, and society loses their valuable contribution.
The role and representation of women in Islamic law, as regulated in the Quran, has been a subject of significant and complex discussion throughout As the primary source of law and morality in Islam, the Quran provides comprehensive guidance on women's rights and responsibilities in various aspects of life.
From economic rights to status in the family and society, the Quran recognizes and respects the position of women as individuals with equal value and dignity to men.
11The verses of the Quran referring to women often affirm the principles of equality, justice, and protection of women's rights.
12 For example, women were given the right to own and manage property, inheritance, and participation in social and political life.
13 In addition, the Quran regulates the rights and obligations in marriage and the mechanisms of protection from injustice and oppression.
7 Abdulai Abukari.
AuEducation of Women in Islam: A Critical Islamic Interpretation of Quran,Ay Religious Education .
4Ae23, https://doi.
org/10.
1080/00344087.
8 AuThe WorldAos 50 Worst Places to Be a Woman 2022,Ay UN Women, 2022.
9 AuAoContent Analysis.
Ao Mailman School of Public Health,Ay Columbia University, n.
10 yNakn.
Glas, and Spierings.
AuPolarization.
Religiosity, and Support for Gender Equality: A Comparative Study across Four Muslim-Majority Countries.
Ay 11 Rina Suryani.
Perempuan Dalam Islam: Studi Ayat-Ayat Al-QurAoan (Yogyakarta: Penerbit Universitas, 2.
12 Mia Nurmala.
Umi Sumbulah, and Yayan Nurbayan.
AuIdeal-Normative and SocioHistorical Approaches to Gender Equality Verses: A Study of Riffat HassanAos Thought,Ay Millah:
Journal Religious Studies .
235Ae58, https://doi.
org/10.
20885/millah.
Millah: Journal of Relegios Studies 22, no.
235Ae258, https://doi.
org/10.
37010/lit.
13 Lilis Asmawati.
Kesetaraan Gender Dalam Perspektif Al-Quran (Bandung: Mizan, 2.
14 Siti Nurhayati.
Hak-Hak Perempuan Dalam Islam (Jakarta: Pustaka Islam, 2.
Hendi Sugianto : Islamic Law And Gendered Inheritance A.
| 735
According to Islam, all Muslims, both men and women, are born pure.
Apart from that.
God dedicates women to a whole letter in the Quran.
15 Women have a high position in Islam, and gender compatibility is present in the words of God.
Qs.
An-Nisa: 32.
According to Kadivar in Haneef et al.
1617 Islam becomes a women-centred reform and can use the egalitarian principles in the Quran with which all misogynistic views can be reconstructed and overthrown.
18 They are the equality of mankind in creation and fear (Qs.
Al-Hujurat: .
, the equal reward and punishment in the Hereafter (Qs.
(An-Nisa: .
, equal rights of husband and wife (Qs.
Ar-Rum: .
, equality in the sight of God (Qs.
An-Nahl .
, and so Moreover, what matters most to him is that justice is good and injustice is While scholars like Hoppen & Vanz19 and Daharis20 have convincingly demonstrated how socio-economic changes empower Muslim womenAos public roles, their frameworks remain incomplete.
These studies predominantly attribute gender disparities to external factors: cultural norms, economic systems, or political structures while overlooking the QuranAos internal linguistic architecture.
For instance, when analyzing contested verses .
Qs.
An-Nisa: 34 on marital dynamic.
, existing research rarely engages with how balaghah particularly devices like majaz .
or kinayah .
could subvert patriarchal readings by revealing context-dependent meanings.
This omission is striking because classical tafsir .
including the works of Al-Zamakhshari in al-KashshAf and AlRAghib in al-MufradAt relies extensively on balAghah as an interpretive framework.
In contrast, contemporary gender-focused tafsir, as seen in the works of Riffat Hassan and Amina Wadud, tends to prioritize ethical or socio-historical approaches while seldom incorporating systematic rhetorical-linguistic analysis.
15 Sartaj Ahmad Bhat.
AuStatus and Rights of Women in Islam,Ay International Journal of Multidisciplinary Educational Research 12, no.
June .
: 5 .
, https://doi.
org/10.
2023/ijmer.
16 Said Sikandar Shah Haneef.
Saidatolakma Bt Mohd Yunus, and Mohammed Farid Ali Al-Fijawi, "Muslim Feminists` Reading of the Quran: A Juristic Analysis on Family Law Issues," Mazahib 17, no.
: 1Ae22, https://doi.
org/10.
21093/mj.
18 Othman.
AuMuslim Women and the Challenge of Islamic Fundamentalism/Extremism:
An Overview of Southeast Asian Muslim WomenAos Struggle for Human Rights and Gender Equality.
Ay 19 Natascha Helena Franz Hoppen and Samile Andrya de Souza Vanz.
The Development of Brazilian WomenAos and Gender Studies: A Bibliometric Diagnosis.
Scientometrics, vol.
128 (Springer International Publishing, 2.
, https://doi.
org/10.
1007/s11192-022-04545-w.
20 Ade Daharis.
AuThe Role and Position of Women in the Family According to Islamic Law: A Critical Study of Contemporary Practices,Ay Literatus 5, no.
: 382Ae87, https://doi.
org/10.
37010/lit.
21 Sayed Sikandar Shah Haneef and Mohammed Farid Ali Al-Fijawi.
AuMuslim FeministsReading of the Quran: A Juristic Analysis on Family Law Issues,Ay Mazahib, 2018, 1Ae22.
Nurmala.
Sumbulah, and Nurbayan.
AuIdeal-Normative and Socio-Historical Approaches to Gender Equality Verses: A Study of Riffat HassanAos Thought.
Ay 736 | Al-Istinbath: Jurnal Hukum Islam.
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The disconnect grows wider when examining cross-cultural studies.
Works like Sangidu rightly note how "religion and culture interact" to subordinate women, but they treat textual analysis and social practice as separate domains.
In doing so, they miss a critical opportunity: to show how Quranic rhetoric, if rigorously excavated through balaghah, could disrupt the very cultural paradigms that justify inequality Consequently, they miss the critical opportunity to demonstrate how Quranic rhetoric, when rigorously analyzed through balAghah especially by applying the theory of nazm .
extual coherence and rhetorical orde.
as developed by Abd al-QAhir al-JurjAn, alongside devices such as kinAyah .
and tashbh .
could disrupt the cultural paradigms that sustain Without this crucial linguistic lens, academic discourse remains trapped between theological idealism ("Islam is egalitarian") and sociological realism ("but patriarchy persists"), with no methodological bridge to reconcile these The science of balaghah, with its three core components - 'ilm al-ma'ani .
, 'ilm al-bayan .
hetorical devices including tasybih, majaz, and kinaya.
, and 'ilm al-badi' .
- offers a powerful framework for uncovering the Quran's layered meanings.
24 When applied to key verses like Al-Ahzab: 35 .
ffirming spiritual equalit.
or An-Nisa: 7 .
n inheritance right.
, balaghah reveals how patriarchal interpretations often flatten the text's nuanced rhetoric.
For instance, a balaghah-informed reading of qiwamah in An-Nisa: 34 could reinterpret it as contextual responsibility rather than absolute male authority.
Other verses that particularly benefit from this approach include An-Nisa: 19.
An-Naml: 23, and An-Nisa: 25, where linguistic analysis can recover egalitarian dimensions obscured by literalist readings.
While balaghah has long been central to classical Quranic exegesis, its potential as a tool for gender-sensitive reinterpretation remains startlingly This raises three critical questions: First, how might the systematic application of balaghah's rhetorical devices .
articularly majaz .
, kinayah .
, and tasybih .
] uncover egalitarian meanings in verses traditionally read as patriarchal, such as An-Nisa: 34? Second, what sociohistorical factors have enabled patriarchal interpretations to dominate despite the Quran's linguistic complexity? Finally, can a balaghah-informed methodology reconcile the apparent tension between Islam's theological equality and its 22 Sangidu et al.
AuIslam and the Tradition of Gender: Exploring the Intersection of Religion and Culture in Indonesia,Ay International Journal of Religion 5, no.
: 47Ae56, https://doi.
org/10.
61707/mekpfr87.
23 Andrew.
Rippin.
The QurAoan and Its Interpretative Tradition (Taylor & Francis, 2.
24 Rizki Abdurahman et al.
AuThe Urgency of Integrating Character Education Values in Balaghah Learning/ANIO I COI EOI EAO AO EI EEA,Ay Alsuniyat: Jurnal Penelitian Bahasa.
Sastra.
Dan Budaya Arab 7, no.
): 188Ae206.
25 Yayan Nurbayan.
AuMetaphors in the Quran and Its Translation Accuracy in Indonesian,Ay Indonesian Journal of Applied Linguistics 8, no.
: 710Ae15.
Hendi Sugianto : Islamic Law And Gendered Inheritance A.
| 737
patriarchal implementations in Muslim societies We hypothesize that patriarchal interpretations of Quranic verses about women particularly those used to justify gender discrimination .
An-Nisa: .
result from literalist misreadings that ignore BalaghahAos nuanced rhetorical devices.
26 By systematically analyzing kalam khabari .
eclarative statement.
, kalam inshaAoi .
mperative/interrogative mode.
, and kinayah .
in key verses .
Al-Ahzab: 35.
An-Nisa: 7, .
This research uses a qualitative rhetorical analysis method, which is focuses on how messages are delivered, and with what .
ntended or actua.
effects of verses in the Quran about woman.
27 The method combined with Blaghah textual analysis .
=MaAoani.
Bayan, and BadiA.
It also focuses on the analysis, understanding, and synthesis of existing literature in a particular field of knowledge or topic.
28 With Balaghah, the research uses thematic .
audhuAo.
and linguistic to isolate gender-related verses and decode their rhetorical devices.
The data collection technique used is documentation, namely by reviewing various sources such as books, journals, existing research and other literature that is relevant to this research.
The verses selected based on thematic approach and explicit mentions of the words.
The data analysis technique used is content analysis, which determines the presence of certain words, themes or concepts in Balaghah as an analytical framework.
26 For example, the verse An-Nisa: 34 (Auar-rijAlu qawwAmna Aoala an-nisAA.
is often interpreted as a divine endorsement of male authority.
Classical interpretations such as those by Ibn Kathir and al-Qurtubi take AuqawwAmnAy to mean male superiority or leadership over women.
However, these readings often disregard the rhetorical function of kinAyah and contextual indicators in the verse.
Contemporary scholars like Amina Wadud and Nasr Abu Zayd have challenged these readings by emphasizing the verseAos social context and rhetorical ambiguity, arguing that qiwAmah is more accurately understood as context-bound responsibility rather than unconditional male dominance.
27 Klaus Krippendorff.
Content Analysis An Introduction to Its Methodology, ed.
Margaret H Seawell, 2nd ed.
(London: Sage Publication, 2.
28 Shalshabilla Putri.
Eka Wahyu Hestya Budianto, and Nindi Dwi Tetria Dewi.
AuBank Bukopin Syariah Dan Konvensional: Studi Pustaka (Library Researc.
Dan Bibliometrik VOSviewer,Ay Research Gate, 2023, 1Ae30.
29 Columbia University.
AuContent Analysis,Ay Mailman School of Public Health, accessed July 3, 2024, https://w.
edu/research/population-health-methods/contentanalysis.
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Rhetorical Analysis Balaghah Framework Thematic Verses Selected Verses Qs.
An-NisA' .
: 34 Qs.
An-NisA' .
: 19 Qs.
An-Naml .
: 23 Qs.
An-NisA' .
: 25 Ma'ani.
Bayan.
Badi' Verses of Women Representation women in Islam This chart presents a structured approach to reevaluating key Quranic verses about women by employing the science of Balaghah Arabic rhetoric.
At its core, this framework seeks to uncover the nuanced, often overlooked egalitarian dimensions of the Quran by examining its linguistic and rhetorical devices.
The selected verses: An-NisAAo .
An-NisAAo .
An-Naml .
, and An-NisAAo .
serve as critical examples where traditional patriarchal interpretations have dominated, despite the QuranAos inherent call for justice and equality.
Central to this analysis are the three pillars of Balaghah: AoIlm al-MaAoAn .
, which deciphers the contextual meaning of sentences.
AoIlm al-BayAn .
hetorical device.
, which explores metaphors .
, allusions .
, and analogies .
and AoIlm al-BadAo .
, which highlights the QuranAos aesthetic and persuasive Together, these tools allow for a more dynamic engagement with the text, moving beyond rigid, literalist readings that have historically justified gender For instance.
An-NisAAo 4:34 can be reinterpreted through balAghah to reveal qiwAmah not as an absolute privilege, but as a contextual responsibility shaped by the socio-economic realities of 7th-century Arabia.
Similarly.
An-Naml 27:23, which narrates the story of Queen Bilqis, underscores IslamAos recognition of female leadership when viewed through its rhetorical emphasis on wisdom and Applying this framework, the chart outlines not only a methodological path for gender-inclusive exegesis but also highlights how classical rhetoric can reframe interpretive paradigms.
Ultimately, this visual and analytical tool reinforces the studyAos central claim: that socio-historically shaped interpretations may obscure aspects of the QurAoanAos egalitarian message.
A rhetorical reanalysis grounded in balAghah thus offers a methodological bridge to reconcile textual ideals with lived realities, and to reclaim IslamAos ethical and inclusive spirit.
The steps include .
choosing the type and the theoretical context of the data, .
explaining the purpose, .
deciding how to analyze the information, .
Hendi Sugianto : Islamic Law And Gendered Inheritance A.
| 739
deciding on how to interpret the data, and .
applying the results of the Discussion After conducting research from various primary and secondary sources, the researcher obtained the representation of women in Islamic law, especially in the verses of the Quran through the science of balaghah, namely kalam khabar, kalam insya' and kinayah.
Below are several verses that will be discussed regarding kalam khabar, kalam insya', and kinayah relating to the representation of women in Islamic Perspective of the Balaghah Science in the Verses of the Quran on the Representation of Women in Islamic Law The Quran is a book in which instructions and guidance from the word of Allah brought by the Prophet are included.
This book uses Arabic, which is recognized as having a high level of balaghah and sensitivity in its hermeneutics, as well as a very rich variety of language and vocabulary.
31 Balaghah science consists of three scientific studies, including Ma'ani science, bayan science, and badi science.
In this research, the focus of the study of balaghah science used is kalam khabar and kalam insya' .
tudy of ma'ani scienc.
and kinayah .
tudy of bayan Because the three uslub balaghah are contained in the verses of the Quran regarding the representation of women in Islamic law.
The following is an explanation and example of kalam khabari, kalam insya' and kinayah in the verses of the Quran.
According to Al-Hasyimi Kalam khabar is an expression that contains truth or lies, judging from the expression itself.
One example in the kalam khabar ibtidai is found in Qs.
Al-Qariah: 5 (A)O a aE eO aI eE aa aE E eaE a eN aI eE aI eIAa eO aA a in this verse contains kalam khabar ibtidai because of the absence of taukid and its purpose as Faidhatul Khabar .
to people who don't know, that on the Day of Resurrection the mountains will fly like cotton because the day is so terrible Doomsday can separate those that join and then scatter when flying in the air.
30 Ailin Sheydayi and Hashem Dadashpoor.
AuConducting Qualitative Content Analysis in Urban Planning Research and Urban Studies,Ay Habitat International 139 .
: 102878.
31 Mamat Zaenuddin and Yayan Nurbayan.
Pengantar Ilmu Balaghah, ed.
Arken, 1st (Bandung: PT.
Refika Aditama, 2.
32 Randy Safii.
Sriwayhuningsih R.
Shaleh, and Chaterina Puteri Doni.
AuUslub Kalam Khabar Dan InsyaAo Dalam Dialog Kisah Nabi Zakariyah Dalam Al-QurAoan,Ay `A Jamiy : Jurnal Bahasa Dan Sastra Arab 11, no.
: 395, https://doi.
org/https://10.
31314/ajamiy.
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Furthermore, kalam insya' is an expression that cannot be judged as true or false, because kalam insya' is divided into two: .
kalam insya' thalabi which is an expression that contains a demand when the expression is uttered, and.
kalam insya' ghair thalabi, which is an expression that does not contain requests or 34 One example of the kalam insya' is contained in Qs.
Maryam: 6 ( AO aacaIa eOA a A)OOa aA AOUcA a A aO ea eENa aA a A aA a A Ia eI aE Oa eCa eOA a in this verse contains kalam insya' thalabi by using shigat amr .
in the word .
A)e a eENA, but the meaning is not a command, because it comes from the lower .
whom It is addressed to a higher being (Go.
so that its meaning becomes a prayer request.
Kinayah is an expression related to the shift in meaning from denotative .
to connotative .
meaning, but the meaning can be taken from the denotative meaning.
3637 Furthermore, one example in kinayah is found in Qs.
e A aIa eO aONaIa eE aA e A)ONaIa eE aA Maryam: 4 (A aIA a A)A a in that verse the word (A aIA a which means my bones have become weak have kinayah.
The kinayah meaning of this word is (A )N ECOAloss of strength because bones are interpreted as a source or support for humans to be able to form ideally.
The various concepts in balagah above will be used as a basis for analysis in interpreting the Quran, in this case.
Islamic law related to women.
39 Then, below is a balaghah science of several Quran verses regarding the representation of women in Islamic law, which will reveal the meaning of the Quran verses with the theme of women and Gender.
Table 1: Verses from the Quran regarding the Representation of Women in Islamic Law: Balaghah Science Perspective Verse Sentence Qs.
AlAhzab
: 35
aAIA
Aa acI eE I aE aI IO aIA
aAIA
AaOeE I aE I aA
AEOA
Theme
Equality in Uslub
Balaghah
Kalam
Khabar
Thalabi Pattern/ Kiasan Taukid
)A(IA
Objective Tahrikul Himah/ Provide 33 Ahmad Al-Hasyimi.
Jawahirul Balaghah Fil MaAoani Wal Bayan Wal BadiAo, ed.
Yusuf AsSamali (Kairo.
Egypt: Maktabah al-Mishriyah, 1.
34 Al-Hasyimi.
35 Safii.
Shaleh, and Doni.
AuUslub Kalam Khabar Dan InsyaAo Dalam Dialog Kisah Nabi Zakariyah Dalam Al-QurAoan.
Ay 36 Abdul Aziz Al Harbiy.
Al-Balaghah Al-Muyassarah (Libanon: Dar Ibnu Hazm Beirut, 37 Zaenuddin and Nurbayan.
Pengantar Ilmu Balaghah.
38 Opi Salamah and Ahmad Akbar.
AuAnalisis Kinayah Dalam Surah Maryam Ayat 4, 20 Dan 50 (Studi Analisis Balagha.
Ay 8, no.
: 393Ae96.
39 Nurjannah.
Nur Fadhila, and Agussalim Beddu Malia.
AuIstifham in Surah Al-AAoraf (Dirasatun Tahliliyyatun Balaghiyyatu.
,Ay Informatika Dan Sains 14, no.
: 630Ae42, https://doi.
org/10.
54209/infosains.
Hendi Sugianto : Islamic Law And Gendered Inheritance A.
| 741
Qs.
AnNisA' .
Qs.
AnNisA' .
Qs.
AnNisA' .
Qs.
AnNaml
: 23
Qs.
AnNisA' .
AaE c aE a aEA AEOA.
AI aA IO UA a c a AO aE aEI aA AEOA.
AI aA IO UA
AC acO aI IO aIA
Equality of economic and Kalam
Khabar
Ibtidai Faidhatul
Khabar/ Newly Women in the family Kinayah
AEAA
AeEOEA
a AaO a aA
AON acIA
Protection from injustice Kalam
InsyaAo
Thalabi Kalam
Khabar
Thalabi Fiil Amr
Tahsinul
maAona wa
Beautify the Give orders Kalam
InsyaAo
Thalabi Fiil Amr
Aau aIO aO aA
a AO aA
AON acIA
Women in public life
Wedding Taukid
)A(IA
Faidhatul Khabar/ Newly Give orders QS Al-Ahzab .
:35 presents a clear example of QurAoanic egalitarianism through its structured repetition of both male and female forms across a range of spiritual virtues submission, faith, obedience, truthfulness, patience, humility, charity, fasting, chastity, and remembrance of God.
Linguistically, the verse is constructed in the form of khabar alab .
eclarative information with intended impac.
and is reinforced through uslb al-takd with the presence of the emphatic particle inna (A ) au acIAat the beginning of the verse.
According to the science of maAn, such emphasis is used when the addressee .
l-mukhAa.
is assumed to be in a state of cognitive hesitation .
utaraddid al-dhih.
, necessitating reinforcement to affirm a truth.
This device, along with the rhythmic parallel structure of the verse, functions as taurk al-himmah a rhetorical stimulus to energize moral commitment culminating in the promised reward: Aufor them Allah has prepared forgiveness and a great rewardAy (Aa OIA a A)Ea aNI acI eA aa aOae A.
Classical exegetes such as al-Zamakhshar .
n al-KashshA.
affirm that this kind of enumeration is purposeful, reinforcing theological equality and rejecting the notion of male spiritual superiority.
Thus, when analyzed through balAghah, this verse strongly contests patriarchal interpretations by positioning men and women as equal moral agents before God.
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This verse (QS.
An-NisAAo .
contains a declarative .
sentence that conveys new information to the audience .
habar ibtidAA.
, as it contradicts preIslamic tribal customs that denied women inheritance rights.
In balAghah, this makes the speech functionally informative .
aAodah al-khaba.
a rhetorical strategy aimed at rectifying unjust societal norms.
The verse uses repetition of the phrase:
"aOA assert equivalency .
utasAwiyAn f ala AaE a aE IA a Aa IA a aA"OEaEIAto a A "EAand "aOA taAob.
In the framework of Aoilm al-maAoAn, this repetition is not redundant, but strategic: it serves as tawkd maAonaw .
mphatic reinforcement through meanin.
The male and female are mentioned independently with their respective shares, dismantling male-centralized inheritance logic.
The disjunctive style wa (A)OA a instead of conjunctive maAoa (A )IAreinforces this distinct yet equal status.
The kalAm is structured in a straightforward khabar ibtidAAo mode, because the audience in 7th-century Arabia would not have expected such a statement.
Hence, its purpose is not merely informative but transformative what alZamakhshar in al-KashshAf would call AuiudAth al-taAoajjubAy .
reating surprise or shoc.
to awaken the recipientAos awareness of a major paradigm shift.
Further, the phrase "aOU acI eA aOUA a A "IAat the end affirms the inheritance as a divinely mandated portion .
a technical term with legal connotation.
From a stylistic .
perspective, this adds both legal gravity and rhetorical finality to the verse.
Tafsr al-RAghib .
n al-MufradA.
underscores that AunashbAy .
denotes not only a portion but one with moral legitimacy, while Tafsr al-KashshAf emphasizes that the structure li al-rijAl .
wa li al-nisAAo removes any doubt that womenAos right is derivative or optional.
Thus, this verse exemplifies how Quranic rhetoric, via uslb khabar ibtidAAo and semantic reinforcement, radically introduces women as rightful heirs in a socio-economic framework that previously excluded The use of balAghah here demonstrates how rhetorical reform precedes and enables legal reform.
The phrase Auar-rijAlu qawwAmna Aoala an-nisAAoAy ( a a aAE a aE Ca acO aIOIA a aAEaO EIA a ) in Surah An-NisAAo .
:34 is often interpreted as endorsing male authority over However, when examined through the lens of balAghah, particularly the science of kinAyah, the term qawwAmn derived from the root q-w-m .
o uphold or maintai.
functions not as an assertion of intrinsic superiority but as an allusion .
inAyah Aoan al-shakh al-masAo.
to a responsible caretaker.
This kinAyah beautifies the statement .
ausn al-maAonA wa tazynu.
by presenting male responsibility within the family not as domination, but as a duty grounded in financial and moral The rhetorical device avoids blunt hierarchical terminology and instead offers a relational dynamic based on provision and protection.
As noted by al-Zamakhshar in al-KashshAf, this verse is not a declaration of essential superiority .
afsl dhA.
but a functional arrangement .
ieAm al-malaua.
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shaped by 7th-century socio-economic norms.
The verse, therefore, should be read as khabar yurAdu bihi al-inshAAo .
declarative form with instructive inten.
, a common feature in AoIlm al-MaAoAn, which reflects the QurAoanAos pedagogical style.
Ultimately, through the application of balAghah, this verse underscores shared moral responsibility rather than fixed gender hierarchy.
It invites reinterpretation aligned with maqAid al-sharAoah, particularly the principles of justice .
, cooperation .
aAwu.
, and the preservation of dignity .
ife al-karAma.
In Surah An-NisAAo .
:19, the command Auwa AoAshirhunna bil-maAorfAy ( aA aaON acaI a eE aI e a eOAA a AAu ) aOAlive with them honorablyAy adopts the rhetorical structure of kalam inshA alab and employs a fil amr .
mperative ver.
derived from the root (A IA- A OA- A)A, which connotes intimate social companionship.
This imperative form signifies not just a legal obligation but a moral imperative addressed to husbands to uphold respectful and kind relations with their wives.
From the perspective of AoIlm al-MaAoAn, the imperative here is not a mere grammatical structure, but a alab iltizAm a directive that requires committed The term maAorf .
ell-recognized kindnes.
, according to al-RAghib alAfahAn, encompasses all forms of behavior that align with both reason and revelation, implying that the husbandAos treatment must be shaped by ethical and socially acceptable norms.
Classical exegete Ab JaAofar al-abar elaborates that maAorf in this context means fulfilling the wifeAos rights as mandated by GodAos teachings, including justice, protection, and kindness.
From a balAghah perspective, this fil amr reinforces both urgency and ethical elevation.
As emphasized by al-Zamakhshar in al-KashshAf, the QurAoanAos command here is not merely legalistic but pedagogical .
aAod.
, shifting the perception of women from objects of inheritance as was common in pre-Islamic Arab culture to subjects of moral engagement and dignity.
The verse opens with a legal interdiction against inheriting women forcibly, and transitions into this moral directive, combining uukm .
with akhlAq .
Therefore, through the use of kalam inshA alab and the rhetorical force of fil amr, the verse exemplifies how QurAoanic discourse blends legal instruction with rhetorical grace to establish a family ethic rooted in mutual respect, dignity, and the higher objectives of Islamic law .
aqAid al-sharAoa.
, especially Aoadl .
and uife al-Aoird .
rotection of hono.
The verse in Surah An-Naml .
:23, particularly in the phrase AuInn Wajadtu imraAoatan tamliku-humAy (A) auIaO aO a eI aa U eaI aE aE aN eIA, presents 40 M al Zamakhshar.
AuAl-KashshAf Aoan aqAAoIq GhawAmis Al-Tanzl,Ay Beirut.
DAr Al- KitAb Al-AoArab, 1986.
41 M al Zamakhshar.
AuAl-KashshAf Aoan aqAAoIq GhawAmis Al-Tanzl,Ay Beirut.
DAr AlKitAb Al-AoArab, 1986.
42 Al-abar.
Ab Jafar.
JAmi al-BayAn f Tawl Ay al-QurAn.
Muassasat al-RisAlah, vol.
8, p.
136Ae137.
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a case of kalam khabar alab marked by the particle inna (A )ua acIAwhich functions as taAokd .
This is part of the hoopoe birdAos report to Prophet SulaymAn regarding the existence of a woman sovereign leading the people of SabaAo.
The use of inna here is not incidental.
it performs a rhetorical function of faidah alkhabar providing new and surprising information and tahqq al-khabar affirming its From the perspective of AoIlm al-MaAoAn, the insertion of inna signals the hoopoe's intent to underscore the reliability and urgency of the message.
By using this emphatic declarative structure, the verse awakens the attention of the listener and provokes contemplation, especially since the idea of a female ruler would have been unexpected in a patriarchal society.
Classical commentator alZamakhshar notes in al-KashshAf that the QurAoan employs this device to amplify rhetorical force and highlight speaker credibility.
BalAghah-wise, the verse does more than narrate an event.
it subtly contests societal assumptions about gender and authority.
The choice of the feminine noun imraAoah in conjunction with the verb tamliku-hum .
he rules the.
illustrates a recognition of legitimate female leadership within a divine narrative.
This rhetorical structure thus serves to shift perceptions, embedding within the verse a moral and social message: that political authority can justly be exercised by women, provided they are qualified and just.
Therefore, the uslb in this verse not only conveys information but also initiates social reflection, using emphasis and stylistic nuance to elevate Queen BalqisAos leadership as morally and politically valid thereby challenging any rigid gender essentialism within Islamic discourse.
The verse in Surah An-NisAAo .
:25 contains the phrase AuWa ankiu al-ayAmA minkumAy (A)O a eI aE aOA a in its extended legal context, in which Allah commands believers to marry off those among them who are single.
The word wa ankiu is a fil amr .
mperative ver.
, forming a kalam inshAAo alab structure .
equestive speech ac.
, signaling a binding legal and ethical From a balAghah perspective, the imperative is not arbitrary.
it carries the weight of alab ilzAm a demand that presupposes both divine authority and social responsibility.
Derived from the root n-k-ua (A)Ia aE aA, the verb ankiu is constructed in the causative form .
fAoi.
, denoting the action of facilitating or enabling marriage rather than merely commanding marriage for oneself.
This highlights the communal and moral obligation placed upon male guardians or society at large to uphold the dignity of women, especially those who are unmarried or previously In AoIlm al-MaAoAn, this command structure is interpreted not only as legal 43 HalimatusaAodiyah and Triana.
AuSexism and WomenAos Access to Justice: Feminist Judging in Indonesian Islamic Judiciary.
Ay Hendi Sugianto : Islamic Law And Gendered Inheritance A.
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authorization but as a promotion of social virtue advocating the integration of women into marital life to secure social protection and moral stability.
According to classical exegesis, such as that of al-abar and al-Qurub, the command ankiu in this verse addresses male guardians .
wliyAA.
and aims to eliminate social stigma attached to marrying previously enslaved or lower-class It is both a legislative and rhetorical move: legislative in its legal implication, and rhetorical in its moral reformation of the audienceAos attitudes.
al-Zamakhshar notes in al-KashshAf, the QurAoanAos use of imperative verbs in contexts of social justice elevates their rhetorical significance, framing them as taAodb .
oral instructio.
rather than mere administrative regulation.
BalAghah-wise, the imperative fil amr ankiu serves to empower the marginalized .
pecifically female ex-slave.
by shifting the burden of action to those in power free men or guardians.
It is a strategic rhetorical device that promotes marriage as an ethical framework, not just a social contract, thereby embedding the values of dignity, responsibility, and care into QurAoanic legal The command in this verse thus underscores the QurAoanAos aim to elevate womenAos social status and affirms their full participation in the legal and moral order.
Representation of Women in Islamic Law in Quran Verses through Balaghah Science Islam makes it extremely clear that women should be positioned relatively and without discrimination in all spheres of life, including the social, professional, religious, and reward and punishment systems.
Thus, women are portrayed in the following ways in the passages of the Quran that are a part of Islamic law:
Equality between Men and Women in Worship Allah Subhanahu wa Ta'ala says:
aAEA aCA a AEA a CA a A OEe CIaaeO OEe CIaA a A OEeI eaIIaeO OEeI eaIIA a Aa acI EeIEa aIeO OEeIEa IA A aOA AeO aOA A aOA AEAa aaOe aIA e a a ae e a aa a AOA a AEAOi aa IA a A OEeIaA aCaeO OEeIaA a CA a a AeO aOA ca A aOA a e AEAOiaIA a e AEAa a aO eA a a a a e a a a AeO aO e A AEEa aOI EE aEaeO acOA aa a AEEa A aa A a a ac EEa aaEaeI acIe aU acOa eU a aeO UIA a e AaO eAA U e a a e AeO Aa aeO a aN eI aO eA aOA Indeed, the Muslim men and Muslim women, the believing men and believing women, the obedient men and obedient women, the truthful men and truthful women, the patient men and patient women, the humble men and humble women, the charitable men and charitable women, the fasting men and fasting women, the men who guard their private parts and the women who do so, 746 | Al-Istinbath: Jurnal Hukum Islam.
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and the men who remember AllAh often and the women who do so - for them AllAh has prepared forgiveness and a great reward.
(Al-AuzAb .
44 The representation of women in this verse (QS al-Ahzab .
contains uslb kalAm khabar alab with taAokd (A)ua acIA, as well as targhb limAh .
ersuasive incentiv.
in the sentence "li-yaghfira lahum wa ajran Aoaeman" ( AeA U a AaEOa eA aa Ea aN eI aOA Aa O UIA a ), which promises AllahAos forgiveness and great rewards.
This verse lists male and female believers side by side in their spiritual and ethical virtues al-muslimn wa al-muslimAt, al-muAominn wa al-muAominAt, etc.
The use of symmetrical pairs in the verse signifies rhetorical balance and intentional equality.
This literary symmetry serves to refute traditional exegeses that have marginalized women's spiritual agency.
Some early interpreters, such as al-abar and al-Qurub, reported narrations .
that the verse was revealed because women complained about their absence in earlier QurAoanic verses related to While these interpretations acknowledged female spiritual inclusion, they often failed to highlight that the structure of the verse itself is a correction to male-dominant assumptions in both theology and law.
Using the principles of balAghah, especially taAokd and muqAbalah .
ontrastive parallelis.
, this verse linguistically dismantles any hierarchy between genders in matters of piety and divine reward.
As AoIlm al-BayAn affirms, the presence of inna at the beginning strengthens the epistemic weight of the statement.
Thus, the verse is not merely informative .
habar uaq.
, but strategically instructional khabar yurAdu bihi al-inshAAo, shaping ethical imagination and legal equality.
From the perspective of Islamic law .
, this verse lays down a theological foundation for the equal legal capacity .
of women in acts of worship .
bAda.
, reward .
, and moral responsibility .
Therefore, any legal formulation that limits women's access to religious or spiritual merit must be evaluated against this QurAoanic structure.
In this regard, the balAgh reading strengthens the legal position that men and women are equal before divine law, and challenges patriarchal misreadings.
48 This finding directly confronts those who have used selective or silent readings of verses to exclude women from 44 Kemenag.
Al-QurAoan Dan Terjemahan (Jakarta: Lajnah Penstashihan Mushaf Al-QurAoan Badan Litbang dan Diklat Kementrian Agama RI, 2.
45 Al-abar, *JAmiAo al-BayAn f TaAowl Ay al-QurAoAn*, vol.
22 (Cairo: DAr al-MaAoArif, 2.
, 11Ae13.
46 Al-Zamakhshar, *al-KashshAf Aoan aqAAoiq al-Tanzl*, ed.
AoAbd al-RazzAq al-Mahd (Beirut: DAr al-Kutub al-AoIlmiyyah, 2.
, vol.
3, 512.
47 Dede Al Mustaqim.
Dila Wasilah, and Afif Muamar.
AuQiraAoAh Mubadalah Strategy in Encouraging WomenAos Political Participation in IndonesiaAy 1, no.
: 1Ae12.
48 Amina Wadud, *QurAoan and Woman: Rereading the Sacred Text from a WomanAos Perspective* (New York: Oxford University Press, 1.
, 35Ae38.
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religious reward systems, by demonstrating that the QurAoan affirms full gender parity in spiritual agency through both form .
and substance .
Women have Economic and Property rights Allah Subhanahu wa Ta'ala says:
a aO acIac aaE EeOEa aI O eaCe O aIi OEaEIa a IA a a a A acIac a aaE Ee aOEa aI aO eaCe aa eO aI acIac Ca acEA
AOA
a Ue U e aAE aE aE IA a a e aa a a a a aIeIN aO aEa i IA AA U AAeO U acI eA aeOA a e a For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much - an obligatory share.
(An-NisA' .
49 This verse employs uslb kalAm khabar ibtidAAo with the rhetorical purpose of faidah al-khabar introducing new legal information that redefines existing The construction AuaOeA a A a IA a AaE a aE IA a aA aOEaEIA.
aOeA a AEA.
Ay (AuMen have a share.
women have a share.
is a deliberate parallelism .
uqAbala.
that emphasizes equality in legal entitlement, reinforced by the declarative structure.
According to AoIlm al-MaAoAn, this is a form of khabar yurAdu bihi al-inshAAo a declarative sentence intended to serve a legislative function, not just narrative.
The term naban mafrusan .
determined shar.
signals a binding command, not a symbolic gesture.
Classical and some contemporary commentators have interpreted this verse within a patriarchal framework, emphasizing the quantitative difference in inheritance .
:1 rati.
as evidence of female legal inferiority.
However, this fails to account for the maqid and balAgh dimensions of the verse.
For instance.
Ibn Kathr states that the inheritance of women is lesser due to the financial responsibilities placed upon men.
50 However, this view overlooks the independent economic agency granted to women in Islamic law.
Al-abar, quoting al-Shab, records the asbAb al-nuzl involving TsalabahAos wife, whose complaint over unjust property distribution led to this verseAos revelationAiclearly positioning it as a corrective measure to a systemic injustice, not a codification of male privilege.
Furthermore, the assertion that this verse upholds male superiority is refuted by its balAgh design: the repetition of the word nab .
and its association with both al-rijAl and al-nisAAo establishes ontological parity.
The semantic field of nab in Qur'anic usage denotes legal entitlement, not favor or 49 Kemenag.
Al-QurAoan Dan Terjemahan.
50 Ibn Kathr.
Tafsr al-QurAoAn al-AoAem, vol.
Riyadh: DAr ayyibah, pp.
230Ae231 51 Al-abar.
Muuammad ibn Jarr.
JAmiAo al-BayAn f TaAowl Ay al-QurAoAn, vol.
Beirut: DAr IhyAAo al-TurAth al-AoArab, pp.
48Ae49 748 | Al-Istinbath: Jurnal Hukum Islam.
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In Islamic legal theory .
l al-fiq.
, khabar that contains decisive wording .
hat jaz.
and is not contradicted elsewhere functions as a source of uukm shar.
The phrase naban mafrusan fulfills this, thereby establishing an unambiguous legal mandate.
From the perspective of fiqh, this is categorized under uaqq mAl .
roperty righ.
, which cannot be annulled without due process .
asAA.
Moreover, according to qAidah fiqhiyyah Aual-uaqq lA yualu bi-l-jahlAy .
ights cannot be nullified due to ignoranc.
women's inheritance rights are permanent and protected, regardless of social perception.
The verse becomes a legal shield, rhetorically reinforced through its structure.
Contemporary case studies reinforce this QurAoanic legal philosophy.
Hidayati et al.
documented Muslim women at UIN Salatiga who received and independently managed inheritance.
One woman, for example, used her inheritance to build a boarding house for passive income, investing in her childrenAos education.
Another inherited gold and capitalized it into an e-commerce business, retaining full legal and financial control, while her husband remained responsible for family expenses.
These examples prove two points: .
Islamic law recognizes and protects female economic agency.
the Qur'anic verse is practically implemented as a means of tamkn al-marAoah .
emale empowermen.
without disrupting gender harmony in domestic roles.
Hence.
Surah An-NisAAo .
:7 does not merely declare womenAos rights symbolically.
Through uslb khabar ibtidAAo, emphasis via repetition, and semantic parallelism, the verse challenges androcentric exegesis and provides a balaghah-based foundation for gender-equitable Islamic jurisprudence.
The QurAoanic rhetorical strategy is not just informative but transformative replacing cultural bias with divine equity, rooted in Aoadl .
, uife al-mAl .
reservation of wealt.
, and karAmah .
The Role of Women in the Family Allah Subhanahu wa Ta'ala says:
a AE Ca acOIO aI EaO EIa aA s A aN eI a EO a eA i A acOai aIe aA aC eO aI eI aeI aOaEaa eIA a AA a a AacE EEa a eA a e a a Aa aE aA a AEAEa A a A EaEeaeOA A EEa i aO E a e a eO aI Ia a eOaaN acI aeOaN acI aO eN a aeOaN acI a a A a a a U A A A U A CIA a a a AEeIA A aa eOaN acI i a eI aa eIa aE eI Aa aE a e a eO aEaeO aN acI aaeO UE ia acI EEa aE aI aEaOUc aEa e UeOA e A a aOA a a 52 Al-Zarkash.
Badr al-Dn.
Al-BurhAn f AoUlm al-QurAoAn, vol.
Beirut: DAr al- MaAorifah, p.
Al-GhazAl.
Al-MustafA min AoIlm al-Ul, vol.
Beirut: MuAoassasat alRisAlah, p.
53 Hidayati.
Sulistyaningsih.
, & Syamsuri.
Women's Inheritance Rights and Financial Empowerment: A Case Study at UIN Salatiga.
Indonesian Journal of Islamic Economics Research, 5.
, 121Ae138.
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Men are the protectors and maintainers of women by what Allah has given one over the other and what they spend from their wealth.
So righteous women are devoutly obedient, guarding in .
he husbandAo.
absence what Allah would have them guard.
But those .
from whom you fear arrogance Ae advise them.
if they persist, forsake them in bed.
, strike them.
But if they obey you .
nce mor.
, seek no means against them.
Indeed.
Allah is ever Exalted and Grand.
(An-NisA' .
54 The verse of QS An-NisA .
:34 begins with:AuAl-rijAlu qawwAmna Aoala alnisAAo.
Ay ( a a aAE a aE Ca acO aIOIA a aAEaO EIA a ),which literally translates to: AuMen are qawwAm over women.
Ay This expression employs the rhetorical figure of kinAyah, particularly kinAyah Aoan al-shakhs al-masAol .
figurative allusion to a person who bears responsibilit.
, referring to the manAos functional role as caretaker, not his ontological superiority .
The word qawwAmn is derived from the root qAmaAe yaqmu, which means to stand or uphold something.
In balAghah, this use of kinAyah serves to beautify meaning .
ausn al-manA) and avoid explicit assertions of hierarchical authority.
The function of this verse is declarative .
habar ibtidAA.
, yet it serves a legal and ethical instruction .
habar yurAdu bihi al-inshAA.
under AoIlm al-MaAn, emphasizing qiwAmah as accountability and care, not domination.
In classical tafsr, al-abar narrates the asbAb al-nuzl of this verse involving a woman from the AnAr who was physically harmed by her husband.
The Prophet A Ainitially ordered qiA .
, but the revelation of this verse altered the decision, shifting the framework from retaliation to structured responsibility.
Feminist exegete Amina Wadud argues that the fadl .
mentioned in the verse is not ontological but functional, based on historical access to financial and public roles.
She interprets qiwAmah as a contextual construct shaped by societal needs rather than divine essentialism.
The verse further states: Aubi-mA fassalallAhu basahum AoalA bas wa bi-mA anfaq.
AyThis clause explains qiwAmah as contingent on two factors: .
contextual differentiation .
, and .
economic responsibility .
This conditional authority undermines arguments for absolute patriarchy and aligns with maqAid al-sharah goals of justice (Aoad.
and preservation of family .
ife al-naf.
From a balAgh standpoint, this verse is structured to restrain abusive The progression of instructions .
aiehunna, wahjurhunna, wasribhunn.
follows a rhetorical strategy of gradual correction .
, not license for violence.
Al-Zamakhshar, in al-KashshAf, explains that each step is a conditional 54 Kemenag.
Al-QurAoan Dan Terjemahan.
55 Hamka.
56 Nurmala.
Sumbulah, and Nurbayan.
AuIdeal-Normative and Socio-Historical Approaches to Gender Equality Verses: A Study of Riffat HassanAos Thought.
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escalation only when moral appeal fails, and even sarb is interpreted metaphorically or restricted by the ProphetAos practice of never striking women .
This QurAoanic rhetoric is corroborated by contemporary field studies.
Hidayati et al.
studied fifteen female civil servants at UIN Salatiga who balanced their roles as professionals, mothers, and wives.
Their domestic arrangements reflected qiwAmah as mutual responsibility:58 Financial Planning: Couples jointly planned household expenditures, prioritizing family needs.
Domestic Reciprocity: Husbands and wives shared chores depending on work Economic Agency: Wives administered income from family assets or businesses independently.
Spiritual Partnership: Both spouses supported each otherAos piety through shared prayer and learning.
Digital Safeguarding: They cooperated in monitoring childrenAos media These practices affirm that qiwAmah in practice is neither rigid nor authoritarian, but ethically charged and dialogical.
Rather than reinforcing gender asymmetry, the verse offers a framework for ethical guardianship rooted in balance, not dominance.
Women have Protection from Injustice Allah Subhanahu wa Ta'ala says:
a a AEa eOaN acI Eaa e aNa eO aa eA iA aIA a AOiaOac aN EacOe aI aIIa eO aeE aaO acE Ea aE eI a eI a aaO EI aa aE eUN i aOaeE a eA a AON acI aaEeIOA s s a a aO aION acI aaceEi a eI acacOeA AiOA AA i Aa eI aE aeNa aI eOaN acI Aa aA ae aea e e a e a a e a AeO aA a acIa OaIa i aO aA Aa eI aEaeaN eO aeO i Ua acOaeaO a aE EEa AaeO aN a e UeO aEa e UeOA O you who have believed, it is not lawful for you to inherit women by And do not make difficulties for them in order to take .
part of what you gave them unless they commit a clear immorality.
And live with them in kindness.
For if you dislike them Ae perhaps you dislike a thing and Allah makes therein much good.
(An-NisA' .
57 Tri Wahyu Hidayati.
Ulfah Susilawati, and Endang Sriani.
AuDynamics of Family Fiqh: The Multiple Roles of Women in Realizing Family Resilience,Ay 58 Hidayati.
Wahid.
, & Nurhayati.
AuPeran Ganda Perempuan Muslim Profesional dalam Perspektif Islam.
Ay Jurnal Gender dan Sosial Keagamaan, 18.
, 117Ae135.
59 Kemenag.
Al-QurAoan Dan Terjemahan.
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| 751
Surah An-Nisa verse 19 contains kalam insya, which gives important instructions regarding how to get along with women in marriage.
This verse commands, "dan bergaullah dengan mereka secara patut.
" Some scholars interpret it as an obligation to do good to wives, both those they love and those they don't.
Which emphasizes the importance of sound and fair treatment of wives.
Because during the Jahiliyah period, women were treated like merchandise to be bought and sold in marriage and had no rights.
So.
Surah an-Nisa verse 19 urges believers to leave this culture because it is full of injustice.
One of the practices is treating women as inheritance and degrading them.
61 This commandment underlines that the relationship between husband and wife must be based on kindness, respect and empathy.
In this way.
Islam elevates women's position in marriage, ensuring they are treated with dignity and compassion.
Therefore, surah an-Nisa verse 19 emphasizes two main things: first, the prohibition on committing detrimental actions to women, and second, the command to marry and behave well, especially towards wives.
This verse shows that the Quran provides a solution for married life by fulfilling the meaning of ma'ruf, namely goodness according to applicable sharia standards, including providing support and love to the wife.
Jasser AudaAos thoughts have had a real impact on the practice of family law in Indonesia, for instance through the recognition of cerai gugat .
omaninitiated divorc.
Before legal reforms, only husbands had the formal right to pronounce alAq.
Law No.
7/1989 and the Compilation of Islamic Law grant wives the equal opportunity to file for divorce in religious courts.
This reflects the principle of wa AoAshirhunna bil-maAorf .
ive with them in kindnes.
as stated in Surah An-NisA .
:19 not only by prohibiting harmful treatment but also by allowing women legal space to act when a marriage becomes unjust.
Thus, the reform of Islamic family law not only abolishes the patriarchal treatment of women found in pre-Islamic practices but also strengthens womenAos rights to seek justice emotionally, financially, and morally within the family in accordance with the maqAid al-sharAoah that promote gender equality in a holistic manner.
Surah An-NisA .
:19 contains uslb kalAm inshAAo alab through the expression "wa AoAshirhunna bil-maAorf" ( aA aaON acaI a eE aI e a eOAA a A) aOA, a command form .
il am.
derived from the trilateral root Ao-sh-r (A IA- A OA- A)A, meaning to associate or live together intimately.
According to scholars of AoIlm al-MaAoAn, this is not a neutral command, but a alab ilzAm a binding moral obligation, reinforced rhetorically by the imperative structure that functions to emphasize ethical 60 Samsudin.
Lilik Andaryuni, and Muhammad Idris.
AuReinterpretasi Makna Kekerasan Terhadap Perempuan:(Studi Kajian Tematik Tentang Terminologi Kekerasan Dalam Al-QurAoa.
,Ay MAQASID 13, no.
: 72Ae85.
61 Abdullah Qomaruddin.
AuTafsir Ayat Ahkam QS Annisa Ayat 19-20,Ay n.
62 Royan Utsany and Afrizal TW.
AuWomenAos Rights and Gender Equality: An Analysis of Jasser AudaAos Thoughts and His Contribution to Renewal of Islamic Family Law in Indonesia,Ay Journal of Islamic Law 3 .
: 54.
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behavior in marital life, beyond the mere legal minimum.
63 The imperative verb AoAshir serves a transformative rhetorical purpose.
It acts as a discursive correction of the pre-Islamic custom that allowed men to inherit and mistreat women.
This shift is strengthened by the inclusion of the term bil-maAorf, which, according to al-RAghib al-AfahAn, encompasses acts of kindness, justice, and proper behavior sanctioned by both reason and divine law.
Thus, the verse is not only legalistic but ethically instructive .
aAod.
, urging men to internalize compassion and justice within the marital relationship.
Moreover, the use of fil amr in this verse is stylistically powerful, as noted by alZamakhshar in al-KashshAf, where he explains that imperative forms often carry rhetorical force that surpasses legal prescription, embedding moral pedagogy into divine instruction.
65 The juxtaposition between the prohibition "lA yauillu lakum an tarith al-nisAAo karhan" and the command to treat women bil-maAorf intensifies this rhetorical effect, transforming marriage from a transactional arrangement into a spiritually dignified bond.
In the contemporary context, this rhetorical directive has found tangible reflection in Islamic legal reforms.
For example.
Indonesia's recognition of cerai gugat .
emale-initiated divorc.
through Law No.
7/1989 and the Compilation of Islamic Law represents the legislative actualization of wa AoAshirhunna bil-maAorf providing women with a legitimate means to seek justice when marriage becomes Jasser Auda argues that such reforms embody the maqAid al-sharAoah .
igher objectives of Islamic la.
, particularly the principle of uife al-Aoird .
reservation of dignit.
, reinforcing that maAorf is not static but contextual and Hence, the verse merges rhetoric and law: the balAghah of the imperative is not merely decorative it becomes the vehicle through which the QurAoan restores womenAos dignity and agency within marriage.
The syntactic force of fil amr, the semantic scope of maAorf, and the context of prohibition create a multilayered command that upholds justice, kindness, and protection from systemic gender Women's Participation in Public Life Allah Subhanahu wa Ta'ala says:
63 Ibn Ashr.
Muuammad al-Ahir.
Al-Taurr wa al-Tanwr.
Tunis: DAr Sahnn, 1997, jil.
4, hlm.
64 Al-RAghib al-AfahAn.
Al-MufradAt f Gharb al-QurAoAn.
Beirut: DAr al-Qalam, 2006, 65 Al-Zamakhshar.
Al-KashshAf an aqAAoiq GhawAmis al-Tanzl.
Kairo: DAr al-Fikr, 1998, 1, hlm.
66 Auda.
Jasser.
Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach.
London:
iT, 2008, hlm.
123Ae125.
Hendi Sugianto : Islamic Law And Gendered Inheritance A.
| 753
a A IaU aaeEa aENI OaOaOA aa A a aeO UIA e a e a ea U A I eI aE aE a eO acOaaEa a eA a e ca AcI aO a eA eAA Indeed.
I found .
a woman ruling them, and she has been given of all things, and she has a great throne.
(An-Naml .
This verse contains uslb kalAm khabar alab, a declarative structure introduced by the emphatic particle inna (A)uaIaOA, which in balAghah serves to assert the truth of a statement and invoke listener attention .
aidah al-khaba.
Here, the hoopoe .
ud-hu.
informs Solomon of an unusual discovery: a woman.
Queen Balqis, ruling over a nation.
The rhetorical strategy is significant: it highlights the legitimacy and exceptional status of female leadership, particularly in a patriarchal context where such roles were unexpected.
The phrase tamlikuhum (A)IEENIA, indicating rulership, is presented without condemnation, sarcasm, or disapproval.
As al-RAghib al-AfahAn points out, the positive lexical framing used to describe Balqis being granted all resources and possessing a grand throne implies affirmation, not critique.
This indicates that her political authority is acknowledged, even admired, within the Qur'anic narrative.
From an Islamic legal perspective, this verse provides a normative framework indicating that women can hold positions of public leadership, provided they meet the standards of justice (AoadAla.
, competence .
ifAya.
, and public benefit .
As Jasser Auda asserts.
Islamic law should be interpreted holistically through a maqAid-oriented and system-based lens, emphasizing justice and the empowerment of marginalized voices.
Classical commentators like al-Qurub and al-Zamakhshar do not dispute BalqisAo authority.
instead, they analyze her governance in relation to Solomon's prophetic mission.
Notably, al-Zamakhshar observes that the verse's structure carries no rebuke, and the depiction of her throne and comprehensive control is linguistically celebratory rather than critical.
This QurAoanic image is echoed in modern empirical contexts.
A study by Rambe.
Dompak, and Salsabila .
reported a 37% nomination rate of female candidates in Indonesia's 2024 parliamentary elections (DPR RI), though only 9% secured seats.
69 These figures highlight both womenAos increasing ambition in public leadership and the persistent structural barriers to full representation.
Nonetheless, this mirrors the message of Queen Balqis: leadership is not genderexclusive but capacity-dependent.
67 Kemenag.
Al-QurAoan Dan Terjemahan.
68 Abdurrohman Al AsyAoari and Robingun Suyud El Syam.
AuKepemimpinan Wanita Menurut Al-QurAoan (Kajian Komparasi Tafsir As-SyaAorawi Dan Shafwatut At-Tafasir Surat AnNaml Ayat 29-33,Ay Jurnal Pendidikan.
Sains Sosial.
Dan Agama 8, no.
: 241Ae52.
69 Dompak Rambe dan Humaira Salsabila.
Keterwakilan Perempuan dalam Politik (Studi Kasus: Caleg Perempuan DPR RI Tahun 2024Ae2.
Jurnal Pemerintahan dan Politik 10, no.
(Februari 2.
: 22, https://ejournal.
id/index.
php/PDP/article/view/5192.
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Thus, the verse serves as both a rhetorical and legislative declaration.
challenges androcentric assumptions by employing affirmative declarative structures .
habar ala.
, taAokd, and semantic dignity.
It lays the foundation for gender-equitable participation in governance as a manifestation of Islamic values, rooted in Aoadl .
, shrA .
, and malauah .
ublic interes.
Wedding Allah Subhanahu wa Ta'ala says:
a A EeI eaIIA a AOII acacE Oa a aIeI aEI aOUeE a eI OaceIEa EeIA A aeeOaIa aE eI aI eI a Oa aE aIA e A Aa aI eI acI aIEa aEA a ea a e e e e a e e aa a AAIA a AEeI eaIIA s A aE eI I eIi a eA Ai AaIeE a eOaN acI a eI a eNE aN acI aOa eOaN acIA a Ai aO EEa a eEa aI aeeOaI aE eI i a eA a AaON acI aaEeIOA sA aA a AA acI a eI aaeO a a Aac A a A acOaeE IA a A a a sI i a aA s A aeO I aA A s AA aeaIAIA ae a ae eae a a a e a a AAI II Ee a aA aeOA a Ai EA a a e aA IeI aE eI i aOa eI A a aAE E aI eI a aO Ee aIA e a aEaeO aN acI IA a AA aI aEaO Ee aI eA i Aa eeOU Eac aE eI i aO EEa a aA eOU acaeO UIA And whoever among you cannot .
the means to marry free, believing women, then .
e may marr.
from those whom your right hands possess of believing slave girls.
And Allah is most knowing about your faith.
You .
are of one another.
So marry them with the permission of their people and give them their due compensation according to what is acceptable.
[They should b.
chaste, neither .
those who commit unlawful intercourse randomly nor those who take them as mistresses.
But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment of free .
This .
is for him among you who fears sin, but to be patient is better for you.
And Allah is Forgiving and Merciful.
(An-NisA' .
70 This verse conveys a powerful command using uslb inshAAo alab, especially in the phrase Auwa Athunna ujurahunna bi al-marfAy .
nd give them their dowry in a fair manne.
From a balAghah standpoint, the use of the imperative verb .
il am.
here indicates not merely a social recommendation but a binding obligation.
According to AoIlm al-MaAoAn, such verbal construction constitutes a alab ilzAma demand that carries legal and moral weight.
This form of khitAb shows that mahr is a right that women are entitled to receive unconditionally, not as a favor or as a result of their social position.
The expression bi al-marf further reinforces the requirement for fairness, appropriateness, and respect, aligning with the broader ethical principles of Islamic law.
From a semantic perspective, the term ujr .
lural of mah.
functions as a synecdoche for womenAos broader marital rights, including autonomy, dignity, and respect.
70 Kemenag.
Al-QurAoan Dan Terjemahan.
Hendi Sugianto : Islamic Law And Gendered Inheritance A.
| 755
Classical exegetes such as al-abar .
310 H) explain the verse as a corrective measure against the misuse of enslaved women during the pre-Islamic He cites traditions that this verse was revealed to elevate the marital rights of even those considered socially inferior, thus emphasizing IslamAos commitment to equity and human dignity in marriage .
l-abar.
JAmi al-BayAn, vol.
8, p.
Furthermore, in ul al-fiqh, the imperative form .
that comes without an accompanying condition .
and is related to transactional relationships .
uAmalA.
is interpreted as conveying obligation .
Thus, this verse lays a definitive legal foundation affirming womenAos financial rights in marriage and promoting justice and economic security from the outset of the marital contract.
This perspective is strongly reinforced by contemporary scholarship.
For instance.
Beddu.
MasAoari, and Yanti argue that mahr in Islamic law is not merely symbolic but serves as a juridical instrument for preserving womenAos rights and 71 Their study confirms that mahr: .
Establishes the womanAos independent economic identity.
Acts as financial protection during and after .
Symbolizes the husband's willingness to uphold her rights and From the perspective of maqAid al-sharah, mahr aligns with: uife al-Aoirs .
rotection of dignit.
,uife al-mAl .
rotection of wealt.
, and al-AoadAlah .
, positioning women as rightful and dignified participants in the institution of This QurAoanic verse, therefore, provides both a legal mandate and a rhetorical device to transform the institution of marriage from a power-based transaction to a partnership built on mutual respect and equitable rights.
It serves as a theological and legal foundation for tamkn al-marAoah .
omenAos empowermen.
and confirms that in Islam, marriage is a covenant of honorAinot a hierarchy of domination.
Conclusion This study offers an original contribution to the discourse on gender justice in Islam by employing the science of BalAghah as a hermeneutical framework to analyze key QurAoanic verses related to women.
Through systematic analysis of khabar ibtidAAo, khabar yurAdu bihi al-inshAAo, uslb inshAAo alab, and kinAyah, we find that the QurAoanic language consistently affirms the dignity, agency, and equality of women in legal, economic, social, and moral spheres.
Rather than interpreting legal texts through a patriarchal lens, the BalAghah-based approach exposes how rhetorical precision serves to protect and empower women, as seen in verses on 71 Muhammad Juni Beddu.
Ahmad MasAoari, dan Novi Yanti.
AuMahar sebagai Instrumen Perlindungan Hak-hak Perempuan dalam Pernikahan: Perspektif Hukum Islam,Ay Al-Mutharahah: Jurnal Penelitian dan Kajian Sosial Keagamaan 21, no.
: 474Ae485.
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inheritance (QurAoan 4:.
, marital ethics (QurAoan 4:.
, economic agency (QurAoan 4:.
, and political leadership (QurAoan 27:.
These findings challenge longstanding exegetical assumptions that have marginalized womenAos roles in Islamic The implications of this study are both theoretical and practical.
At the theoretical level, it invites scholars to integrate rhetorical analysis into mainstream ul al-fiqh and tafsr.
At the practical level, this method may serve as a normative foundation for gender-equitable legal reforms, particularly in contexts such as marriage contracts, guardianship, and judicial fatwas.
Future research should explore the application of BalAghah in reinterpreting other contested areas of Islamic family law, such as alAq, wilAyah, and qiwAmah.
Thus, the QurAoanic rhetoric, when properly understood, does not merely tolerate womenAos rightsit enshrines them.
The use of BalAghah is not an academic ornament but a critical key to unlock QurAoanic intent in its most just and comprehensive form.
A paradigm shift is therefore necessary one that grounds Islamic legal interpretation not in inherited norms, but in the eloquence, justice, and ethical universality of the divine Word itself.
Acknowledgments The authors would like to express their deepest gratitude to PMU-BIB The Ministry of Religious Affairs (KEMENAG) and the Indonesia Endowment Fund for Education Agency (LPDP) for sponsoring the doctoral study and supporting this articleAos publication.
Funding of this work was supported by the Indonesia Endowment Fund for Education Agency (LPDP).
References