WOMEN'S RIGHTS IN MARRIAGE

CHAPTER I
INTRODUCTION

A. Background Issues
Marriage is a sacred covenant, not like the contract, other contract that has been governed by religion. Because the covenant of marriage is mi> s | a> qan dig> z} an (contract pending). Marriage is a spiritual bond between a man born to a woman in order to establish keluaraga (households) based on a happy and eternal deity of the Lord [1].
After the course of the marriage contract, or (ija> b qobu> l) between men and women to coexist and work together to help each other achieve that noble goal. [2] The occurrence of such an agreement would lead to legal consequences, such as the things that were previously prohibited after the contract becomes valid kosher laws, and some are works in reverse. Marriage also will bear the rights and obligations and responsibilities to be carried along and always maintained by a husband and wife in the ship sailed home to keep it running well. Rights and obligations can not be separated from the principle of justice. From this principle also gives effect to the creation of a pattern of harmonious and balanced relationship, the rights will be realized when the obligations are met, as well as in marriage. [3]
Then the rights and obligations is an important factor for the creation of a family that sakinah, mawaddah, warah} mah. In the Islamic family law. Husband for example, burdened with the responsibilities as breadwinner and protector for his wife. Instead wife was given the responsibility as a housewife to manage domestic life, by not closing the possibility for him to also make a living, as a career woman or the ordinary workers.
Islam teaches that both the husband and wife have equal status, however, culturally, in almost all places, a lot of women (wife) is placed not on par with men (husbands). For example, based on a patriarchal view of traditional society, the role of men different from women's role. The man described as the main ruler of the household who mamiliki privilege and the greatest authority in a family. Thus, other family members including his wife and children must submit to the principal authorities. [4] Then, how guarantees the rights of wives in Indonesia can be met in full? In Indonesia there has been the Marriage Law that regulates marriage and the rights and obligations of husband and wife. [5]
In addition there is also Compilation of Islamic Law (KHI), which regulates marriage, inheritance, and perwakafan, which is still used as a reference or references the religious judge in deciding a case, is also expected as a guide for Muslims in Indonesia in particular, in practice 3 (three) problems.
Associated with the rapid progress fikir patterns and various changes concerning the relationship between men (husbands) and female (wife), in which the memahai difference is not solely meant as nature, but also gender, then the rules concerning relationships between men and women on the inside. Compilation of Islamic Law to be worthy to be studied more deeply, because it is still gender bias [6]. That's because of the background that the Compilation of Islamic Law are arranged on the condition of society which is still very thick with the traditions of patriarchy, not too sensitife gender, and the Compilation of Islamic Law is also designed based on referrals from classical books.
Seeing the condition of society has been experiencing rapid development, since the enactment of KHI, both from the pattern fikir, social, political, economic, and cultural, and other issues that arise today lead judges to resolve difficult cases encountered in the Religious Court hearing. This is because in the KHI are the articles that are not relevant to address new issues, which continue to emerge following the dynamics of society, such as the issue of domestic violence (domestic violence), the problem of trafficking (trafficking of women and girls), the proliferation marriage contract, and issues that gave birth barbagai sebuh discrimination for women in marriage. Need we explain, even in the writing of this thesis only read the title of women's rights in marriage, but did not rule, that in this thesis will also discuss the rights prempuan before the marriage ceremony which is very related to women's rights, As regards the age at which girls will be married, because such problems often encountered, especially in rural communities, the parents are not so concerned with the minimum kasiapan girls to perform marriages. This is an important role of Act in an effort to protect the rights of women to achieve a level of maturity that really happen readiness to perform a marriage.
A number of articles in the KHI is considered at odds with the new legislation, such as the 1945 Constitution, Law no. 7 retifikasi 1989 on CEDAW; and Law. 39 Year 1999 on Human Rights. All these laws are very stressed and strengthening efforts to protect the rights of women towards the realization of conditions of equality and gender justice in all aspects of society. In addition, the Act. No. 22 Year 1999 regarding Regional Government is very strongly emphasized the principle of democracy is characterized by the participation of all people, regardless of male and female. The government has ratified the International Convention contains a number of protection and enforcement of women's rights. In fact, Law was born. 23 Year 2002 on Child Protection and the Law. 23 Year 2004 on the Elimination of Domestic Violence [7].
Birth of KHI, based on Presidential Instruction (Instruction) No.. 1 In 1991, appointed by the Minister of Religious Munawir Syadzali, the main objective the formulation of Islamic Law Compilation Indonesia is preparing guidelines for uniform (unifikatif) for Religious Court Judges and the positive law must be obeyed by all the diverse Muslim nation Indonesia, [8] sesengguhnya is the government's response to the emergence of various social unrest due to the diversity of religious court's decision for a similar case. That diversity is a logical consequence of the view that the jurisprudence of religious references judges in deciding a case. Hence the idea of ​​the necessity of a positive law is formulated systematically as a basis of reference for judges skaligus religion as an initial step to realize the national legal codification. Again, the goal is for the unification of law.
Does not rule out the possibility that the presence of KHI in the present contains two things, on the one hand facilitate the performance of religious judges and other parties who would seek legal reference, but on the other hand will cut the creativity and efforts ijtiha> d in the field of family law , this in turn raises new difficulties for the judges themselves in the field, semantara as the reference itself is no change. [9]
According to Indonesia's cultural perspective, KHI is seen as less represent the needs and requirements of Muslims in Indonesia, because it is not carefully excavated from the wisdom-the wisdom of local communities in various regions, it is transported away from the nuances of classical Arabic fiqh. Relevanan non-juristic classical fiqh is, therefore arranged in the era, culture, and different social imagination. This phenomenon is especially evocative of the various circles of activists to merefisi KHI. Offer Counter Legal Draft (CLD) is still a proposal promoted by mainstreaming Gender Team in 2004, with the aim to implement a law on marriage in particular, to regulate the relationship between inequality and the inequality of men and women in a family , in order to better ensure equality and protect women's rights.
CLD has not reached the stage of the manuscript is published, has been much criticism of barbagai various circles, especially among supporters of KHI, until finally CLD was rejected by the Ministry of Religious Affairs of Indonesia, because in CLD there are provisions that are not in accordance with teachings of Islamic law. The occurrence of CLD rejection does not mean being a barrier for authors to examine these two Uundanga Act ..
It can be understood considering the institution of family in almost every religion has always regarded as a sanctuary or sacred territory, and therefore become very sensitive. Not surprisingly, the various laws that are used in regulating society in Islamic countries can be easily changed, but not so with family law. Even the bulk of Muslims believed that changing family law, especially marriage laws means changing Islamic law. Legal marriage is considered as the heart of the shari'ah. Conversely, maintaining the existing marriage law even if considered less relevant to the demands of the times and needs of the ummah was always seen as the preserve of religion. because it's very understandable if the efforts to change laws that make sense of family is always there as an effort of defiance against Islamic law. [10]
Of the two differences, and the controversy between the Compilation of Islamic Law (KHI) with the Counter Legal Draft (CLD), making the discourse of women's rights in marriage interesting to study more deeply.

B. Main Issues
Based on the background of the above problem, then this study has the concentration of the discussion as follows:
1. How can women's rights in marriage according to Islamic Law Compilation and Counter Legal Draft.
2. What berbedaan equality and women's rights in marriage according to Islamic Law Compilation and Counter Legal Draft.
3. How the relevance of women's rights among the Compilation of Islamic Law and Counter Legal Draft of a gender perspective.

C. Goals and Purpose
The purpose of this study are:
Describe and analyze the rights of marriage according to KHI and CLD in a gender perspective.
Formulate equations and differences between these laws.
The usefulness of this study include:
Contribution in enriching the repertoire of research on women's rights in marriage.
Giving a positive direction, representatife, and objective in efforts to improve systems and social institutions are just and more human worth.

D. Reader Review
Research on marriage is actually not new, as well as the rights and obligations of husband and wife in a marriage. Quite a lot, and not so difficult to be found and used as a reference, either in the form of papers, research results, and the books ever written by previous researchers. However, studies that concentrate on women's rights in marriage as that which has been colored in the Compilation of Islamic Law and compare with the Counter Legal Draft with a gender perspective seems to have not encountered. About the books that address gender and women adalalah like his book: Mansour Fakih, Gender Analysis and Social Transformation. This book presents in a simple truth about what gender analysis itself, as other social theories such as class analysis, cultural analysis, and discourse analysis, is the analysis to understand the social reality. Trying to give meaning, conceptions, assumptions, idiolog, and practice new relationship between men and women and its implications for broader social life (social, economic, political, cultural) that are not seen by any other theory or analysis.
Nasaruddin Umar, Perspaktif Gender Equality Arguments of the Qur'an. Iniberusaha book describes the position of equality between men and women to explore the verses contained in the holy book the Qur'an to get an outcome in the absence of social influence, the culture that often result in discrimination anatara relationship of men and women.
Siti Rukhaini Dzuhayatin, et al. Reconstruction of Gender Equality in Islam. writings in this book tries to present a set of methodologies to understand religious texts not to mention the skewed gender, but were able to put the position of women equal footing with men.
Siti Musdah Mulia, Islam and Gender Equality Inspiration. in this book the authors are eager to improve relations between men and women, where women's position has always been under the rule of men, and why always happen gender inequity? writings in this book seeks to explore religious texts to be used as a basis of revising the existing family law in Indonesia as well as compare it with the applicable laws in other Islamic countries, as well as criticizing the articles that are considered no longer relevant to enforced, and contrary to International Law.
Sachiko Murata. The Tao of Islam. The writings contained in this book attempts to prove that masculinity and femininity at the level of human beings each have positive and negative sides of both are complementary, this book attempts to explain the outlines of balance and unity of yin and yang, femininity and masculinity, jama> l and nets> l, as the goal of creation, this balance should be created in both the outer and inner nature, with katalain, the essence of the purpose of human life, both men and women is to be Insa> n ka> miles away, the man who can unite the divine jama> l and nets> a ka l> mi (perfect) [11]
While many books that talk about marriage is the Marriage Law 1, the work of Khoiruddin Nasution, Fiqh Munakahat karaya Djaman Nur, where the book discusses about the marriage, as well as reviewing some of the Islamic Family Law in the State. The book that discussed the status of women, according to figures of the intellectual outlook separti CRC Wahid Zaini; M. Quraish Shihab, et al. Positioning the Nature.
In this book describes that the word "nature" often have different interpretations, as much influenced by various myths, culture, and stereotypes of women, whereas in terms of humanity, men and women have the same degree with Allah.
Fatima Mernissi, Beyond the Veil, Sex and Power Dynamics Men and Women in Modern Muslim Society. It notes that at the level of spiritual and intellectual women are equal with men, the only differences are biological differences, such as in the Qur'an declared an "excess" of men over women, but the excess here linked clear ('s} ori illat> h) with a living, so is "economy" and not related at all with dignity and intellectual or spiritual dimension.

E. Theoretical Framework
The existence of differences between women and men can not be denied. The fact indicates that at least in terms of biological. Holy book the Quran reminds:
ولا تتمنوا مافضل الله به بعضكم على بعض للرجال نصيب مما اكتسبوا وللنسآء نصيب مما اكتسبن وسئلواالله من فضله ان الله كان بكل شيء عليما [12]
Do not be jealous, because Allah has preferred you from the other half. For men there is a part of the effort he gave. You ask Allah of His bounty. Surely Allah knows all things. Do not be jealous of the privileges bestowed by God to others, men have a right to what is sought. QS. an-Nisa> ', 4:32. [13]
The above verse suggests a difference and that each has its privileges, though not to write what privilege and distinction. In the book Man of Unknow as outlined by Alexis Carrel Nobel laureates in the field of kedokeran explains, there is a difference between men and women in terms of biological, even in terms of blood gland, in addition to the differences that can not be denied relief in terms of emotional and mental. The extent to which these discrepancies, the experts kedokteranlah that can describe it. [14]
Basically these explanations contain two elements, namely sex (gender) and gender. To understand the concept of gender must be distinguished between the notion of gender with the word sex (gender). Sex is pensifatan or distribution of human sex is biologically determined is attached to a specific gender. For example, that the human species the male is a man who has a penis, has jakala (kala menjing), and produce sperm. While women have reproductive organs, such as the uterus and channels to give birth, produce eggs, have a vagina, and has a nursing tool. Biological tools are attached to the men and women and can not be exchanged, can not be changed, and a provision is often said to be the biological or the provision of God or nature.
While the concept of gender that is an inherent nature of men and women are socially constructed and culture. For example, that the woman was known to be gentle, beautiful, emotional, or motherhood. While men are considered: a strong, rational, manly, mighty. The characteristics of the nature itself does not rule out the possibility to be exchanged. This means that there is an emotional man, gentle, motherly. So also applies vice versa.
The history of gender differences (Gender Differences) between human males and females occurs through a very lengthy process. By karea the formation of gender differences are caused by many things. Among them was formed, socialized, reinforced, or even socially constructed culture through religious teachings and the State. Through a long process, gender socialization is finally considered to be the provision of God _ as if the biological nature that can not be changed anymore. So that gender differences are considered and understood as the nature of men and women. Yet every trait that is usually attached to a specific gender and all these properties could be exchanged, then the trait is the result of the construction community, and not at all natural. The problem is the differences that gave birth to gender inequalities (Gender Inequalities) itself. Gender inequality can actually occur in men and women, but most gender injustice.
Actual gender differences should not be a problem. What happens to women. Gender injustice is manifest in various forms of injustice. Such marginalization or the process of economic impoverishment, subbordinasi or assumption is not important in political decisions, the formation of negative stereotypes or through labeling. Violence (Violence), the workload is longer and more as well as the ideology of gender role socialization. [15] manifestations of gender inequality can not be separated because of inter-related, and affect are dialectically related.
Whereas in the formulation of Islamic law is inseparable from the goal to-mas atan}} was the man, separti which has become the basis in the formulation of Islamic law by Abu> Ish aq} Al Shatibi> that there are five basic (al-maqa> s} i > d ash-sharia> 'ah), to form the basis for formulating the law of Islam, the main purpose is to mas syar'i}} was the man ah, the obligations of the shari'ah>' ah is to notice where he changed the aim of protecting the mas } a> cf} man, if mas} a> cf} is destroyed, the stability of gold} a> cf} world was to be damaged, the damage mas} a> cf} This will result in end of life in this world and the hereafter, which will result in the loss salvation and grace [16]. Ima> m al-Gazza> li> (d. 1111 AD) to formulate the basic objectives of Islamic law (al-maqa> s} i> d ash-shari'ah> 'ah), namely first, Islam guarantees the right of survival (h ifz} an-nafs). How can humans be able to do good works that he himself did not have a life. Secondly, Islam guarantees freedom of opinion and expression (al-h} ifz'aql). Third, Islam guarantees freedom of religion (h} ifz ad-in> n). Fourth, Islam guarantees the rights and reproductive health (h} ifz an-nasl) to maintain the continuity of human life. Fifth, Islam guarantees the right of property (h} ifz al-ma> l), namely the right to get a decent job, and the right to obtain a guarantee of protection and welfare. This means that all human diversity is built to protect the five basic rights. Therefore, if found contrary to religious teachings fifth basic rights before, then that teaching needs to be revised and re-interpreted in order to answer the demands of the mas}} atan is human. [17]
What if the problems are drawn into the laws that regulate family in Indonesia. Where women's rights in marriage have also been set out and follow the rules that exist in the Act.
Differences KHI and CLD, certainly in the formulation of a set of gender relations between men and women is strongly influenced by the policies or methods used in determining the outcome of the second product of the law. It can be traced how the two perspectives of the Act concerning the definition of marriage. Marriage according to KHI, as listed in the basics of article 2 of chapter II of marriage: marriage is a marriage according to Islamic law, which is a very strong contract or mi> s | a> qan dig> z}'s to obey God's commandments and do including worship . [18]
Marriage according to the CLD is a very strong agreement (mi> sa> qan dig> z} an) which is done consciously by a man and a woman to found a family whose implementation is based on the willingness and agreement to both parties. [19] This definition emphasizes that marriage is conscious and full of responsibility by men and women, and based upon the willingness and agreement of both.
Of the two exposure can be concluded about keperbedaanya. The phrase "worship and the Lord's command" to a question? why should worship?, because the notion of worship is the Lord's command, the practice of marriage in society has been distorted, and women's narrowly conceived as a religious duty, and are considered sinful if you do not do it. Consequently not a few women were forced to get married just so that no stigma was sinful, or just escape the obligation to God, or merely dutiful to parents. Such practices in fact be bad for women. It's hard to dodge when parents or family to marry them. The understanding thus bringing the number of forced marriage, trafficking (trafficking of women and girls) with the modus operandi of marriage, polygamy, marriage Sirri and so on.
Even more people now interpret marriage as a contract of ownership, marriage means having. Such an understanding brings unequal relations in the life of husband and wife. The imbalance came from a phrase that has become standard in the community, such as husband and marry, marry a wife; husband gave a living, wife dinafkahi; husband pay the dowry, the wife was given a dowry; husband to divorce, divorced wife; husband refers, wives were referred; husband's polygamy, polygamous wife ; husband head of household, wife of family members and so on. Short words in marriage are thus not reflected in equal relationship between husband and wife. Not surprisingly, many women do not have bargaining power in their marriage, both in rights and status concerns.
In the CLD affirm that marriage is not as liabilities but as the right of every adult human family: men and women who have fulfilled the requirements. CLD also affirm marriage as a social transaction or a contract involving two parties are equal: men and women.
CLD offered a new paradigm there are four things, namely the first definition of marriage, the second principle of marriage, the three basic principles of marriage, and the fourth goal of marriage. Thus the basic concept differences, each difference existing between KHI and CLD. Of these differences is exactly what influential in the formulation of women's rights in marriage, which would be the concentration in the preparation of this thesis.

F. RESEARCH METHODS
Research on women's rights in marriage by KHI and
CLD in a gender perspective, in the framework of this thesis proposal writing using the following methods:
1. Types of research
This study includes the type of research literature (library research), which is the object of research ideas contained in books, books, journals relevant to this study.
2. The nature of research
Judging from the nature of the research we've done is descriptive, comparative, analytical.
Descriptive is describing exactly how the rights of women according to KHI & CLD.
Comparative is an attempt to compare how women's rights between KHI and CLD who becomes the object of research, the comparison is expected we can find similarities and differences so that the essence of objects can be understood.
Analytical is a road that is used to obtain scientific knowledge to obtain normative details about women's rights in marriage between KHI & CLD in a gender perspective, by sorting out the notion that one with the other meaning to get clear, with the aim to creating a marriage laws that ensure women's rights in marriage, then viewed through a gender equality perspective, so it became law that is not gender bias.
3. The approach used.
This study uses the approach Soaiologis yanga research studies in terms of factors and implications for women's rights within the family. Normative approach then is to examine the object of study by seeking and finding the rules or norms that form the legal basis.
4. Data Collection Techniques
To obtain data on the discussion of the title of this study, the authors use the method of documentation, which is looking for data about things or variables in the form of notes, theses, books, newspapers, magazines, inscriptions, minutes of meetings, agendas, and so forth.
As the primary data in this study is the law of Islamic Law Compilation, CLD (Counter Legal Draft) al-Quran and al-Hadith, which is the source of Islamic law; the books, laws, and other library materials that are relevant with the object of this study.
5. Data Analysis
a. Deductive, that is the mindset that depart from the reasoning of a general nature and then withdrawn at the conclusion of a special nature.
b. Namely by mengkomparasikan comparative data on women's rights in marriage KHI & CLD so that it can be understood about the similarities and differences between the two.

G. DISCUSSION systematics
For simplicity in getting a general overview of the discussion of this thesis, the author, this discussion will be divided into 5 (five) Chapter, with sisitem discussion as follows:
The first chapter is an introduction that includes background problems, issues, problems, objectives and purpose, literature review, theoretical framework, research methods, and systematic discussion. This section is the first step before you proceed further into the core of the research object, which describes an overview of the discussion of the future thesis.
Chapter two, takes the theme of a general overview of women's rights in marriage, which includes understanding rights, women's rights in marriage, the position of women in marriage which is very influential rights and obligations of husband and wife.
The third chapter, explores women's rights in marriage, which consists of two sub, sub is a picture of the first women's rights in marriage by KHI, which includes pengertian rights, status, and background into the formulation of women's rights in marriage by KHI. The second sub elaborate on the CLD, with the same coverage as in KHI.
The fourth chapter, the authors tried to do a comparison between women's rights in marriage according to the KHI with CLD. In this chapter the authors attempt to explain the similarities and differences regarding women's rights in marriage by KHI and CLD.
Chapter Five, the concluding chapter containing conclusions and recommendations, is expected to elaborate on the various conclusions are clear from some of the explanations that have been presented by the author in previous sections.



REFERENCES

Al-Quran

Ministry of Religious Affairs, al-Quran and Translation, London: Toha Son, 1989.

Istibsyaroh, Women's Rights Gender Relations According to the Tafsir A-Sha'rawi, cet. 1, Jakarta: Teraju or PT. Mizan Publika, 2004.

Jauhari, Muhammad Mahmud al-and Khayyal, Abdul Hakim Muhammad, Qur'anic family Build Guide For Muslim women, over the language and Mufliha Kamram As'adIrsyadi Wijayanti (STP word), cet. 1, Jakarta: AMZAH, 2005.

Subhan, Zaitunah, Tafseer Hatred, Gender Bias Study of Quran Tafsir, cet. 1, London: LKIS, 1999.


Hadith

'Abdulla> h ibn' Umar in al Bukha> ri, S} AHI> h Bukha> ri, "We> b al-Nika> h", hadith no. 4677 and 4678.


Fiqh / Fiqh Usul

Abdurrahman, Compilation of Islamic Law in Indonesia, cet. 1 New York: Academic Pressindo, 1992.

Basry, Hasan, in H. Abdurrahman S.H.MH. Compilation of Islamic Law in Indonesia, cet. 1, Jakarta, Akademika Pressindo, Year 1992.


Abdur Razak Al-Fada Qashir, anatara Muslim Women Islamic Shari'ah and Western culture, translation by Mir'atul Makkiyah, cet. 1, London: Offset Darussalam, 2004.

Khoiruddin Nasution, Law Marriage 1slam, cet. 1, revised edition, London: Academia and TAZZAFA, 2005.

Muhammad Khalid Mas'ud, Philosophy of Islamic Law and Social Change cet. 1, Surabaya: Al-Ikhlas, 1995.

Kamal Muchtar, Principles of Islamic law regarding marriage, New York: Crescent Star, 1993.

Mohd Idris Ramulyo, review several articles of Law no. 1. 19 74 In terms of the Marriage Law of Islam, cet. 1, Jakarta: Ind-Hillco. 1985.

Moh Rifa'i, a complete Islamic Fiqh Sciences, cet. 1 semarang: Toha Son, 1978

Nur Djaman, Fiqh Munakahat, cet. 1, Semarang: Toha Son, 1993.

Rofiq Ahmad, Islamic Law in Indonesia, cet. 3, London: King of Guardian Press, 1998.

Law of the Republic Indonesia, No. 1, 1974 on Marriage and the Compilation of Islamic Law, cet. 1, New York: Image Umbara, 2007.

Zarkowi Soeyuti, "History Compilation Compilation of Islamic Law in Indonesia" in Dadan Muttaqin, et al. The Religious and the Compilation of Islamic Law in Indonesia Governance Law, cet. 2, London: UII Press, 1999.

Everything Else

Barlas, Asma, How Women liberate al-Qur'an, translation by R. Lukman Cecep Yasin, ed. 1, London: Porch Sciences of the Universe, 2003.

Fakih, Mansour, Gender Analysis and Social Transformation, cet. 5, Yogyakarta: Student Press, 2001.

Fazlurrahman, "The status of women by Islam: A Modern Interpretation," in Khoiruddin Nasution, Fazlurrahman on Women, cet. 1, London: Academia and TAZZAFA, 2004.

Mahmud Hussein, the Islamic Religious Women Defense Kiai Friendly School, cet. 1, London: LKiS, 2004.

Mahmud Hussein, the Islamic Religious Women Defense Kiai Friendly School, cet. 1, London: LKiS, 2004.

"Interpreting Wrong Marriage", in www.ICRP.com. 16 issue. April 4, 2006. Accessed on August 8, 2008.

Levy, Reuben, Structure of the Islamic Society, translation by HA Ludjito, cet. 1, Jakarta, Indonesia Torch, 1989.

Noble, Siti Musdah, Islam and Gender Equality Inspiration, cet. 1, London: Kibar Press, 2007.

Sachiko Murata, The Tao of Islam, ed. V, London: Mizan Member IKAPI, 1998.

Muthahar, Morteza Women's Rights in Islam, M Hashem translation New York: Lantern Publisher. 2000.

Muhammad, Islam Religion-Friendly Women Hussein Pembalaan Kiai School, cet. 1, London: LKIS, 2004.

Sobary, Mohamad, Social Islamic discourse, Understanding the Age Seeking Solutions, cet. 1, London: Age Discourse Noble, 1998.

Shihab, M. Quraish, et al. Positioning the Nature of Women and Change in Islamic Perspective, cet. 1, Jakarta: Mizan Member IKAPI, 1999.

Sugiono, Sugeng "Gender Concepts in Islamic Perspective" Journal of Al Jami'ah, tt

"Women Should Have Bargaining", in www.Sinar Harapan.com. Rabo Edition, March 2, 2005. Accessed on August 8, 2008.

Zuhayatin, Siti Ruhaini et al. Reconstruction Methodology Discourse on Gender Equality in Islam, cet. 1, Yogyakarta: Student Press, 2002.


TABLE OF CONTENTS

PAGE
PAGE ABSTRACT ................................................ ........................................ ii
MEMORANDUM DEPARTMENT PAGE ............................................... .................................. iii
CERTIFICATION PAGE ................................................ ............................... iv
PAGE transliteration ................................................ .......................... vi
MOTTO PAGE ................................................ .......................................... vii
PAGE Dedication ................................................ ......................... viii
WORD
LIST

CHAPTER I: INTRODUCTION
A. Background ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .1
B. Basic Problem ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7
C. Goals and Purpose ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7
D. Reader Review ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .11
E. Theoretical Framework ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12
F. Research Methods ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 18
G. Systematics Discussion ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 20
CHAPTER II: KHI AND CLD
A. Background Compilation of Islamic Law ... ... ... ... ... ... ... ... .25
1. Understanding Islamic Law Compilation ... ... ... ... ... ... ... ... .. 25
2. Background of Establishment
Compilation of Islamic Law ... ... ... ... ... ... ... ... ... ... ... ... ... 27
B. Background Preparation Counter Legal Drafting
(CLD )............................................... ........................................ 35
CHAPTER III: RIGHTS OF WOMEN IN THE MARRIAGE
A. Similarity As a cornerstone of Equality ................................ 42
B. Inequalities-Inequalities Rights
Often the Adverse Party Women ............................... 47
C. Similarities and Differences Between KHI and CLD .................... 54
a. Definition of Marriage ................................................ ........... 54
b. Guardian for Women in Marriage .......................... 55
c. Marriage Age Limit ............................................... ................. 56
d. Registration of Marriages ................................................ ....... 57
e. Nushuz in Marriage ............................................... .. 58
f. Polygamy Prohibition ................................................ ............. 58
g. Husband Wife Rights and Duties ........................................ 59
h. Mahar in Marriage ............................................... .... 61
i. Responsible Livelihoods in Marriage ................. 62
CHAPTER IV: COMPARATIVE ANALYSIS OF RIGHTS
WOMEN IN MARRIAGE
KHI AND BETWEEN CLD
A. Definition of Marriage ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .63
B. Mayor Marriage for Women ... ... ... ... ... ... ... ... ... ... ... ... ... 68
C. Minimum Age Limit Marriage .............................................. ......... 73
D. Registration of Marriages ................................................ ............. 76
E. Nushuz in Marriage ............................................... ........ 79
F. Polygamy Prohibition ................................................ ................... 81
G. Rights and Obligations ............................................. Husband Wife 86
H. Mahar ................................................. ...................................... 90
I. Responsible Livelihoods in Marriage ....................... 93
CHAPTER V: CONCLUSION
A. Conclusion ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 97
B. Suggestions ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .98
REFERENCES ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 99
APPENDIX APPENDIX-
TRANSLATION ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... I
BIOGRAPHY ULAMA ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... IV
CURRICULUM VITAE ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... VI




[1] Article 1. Republic of Indonesia Law No. 1. Of 1974 on Marriage, cet. 1, (New York: Image Umbara, 2007) pp.. 2.

[2] That is to build a happy family eternal, immortal based on Belief in God Almighty, it is necessary to regulate the rights and obligations of their husbands. Rofiq Ahmad, Islamic Law in Indonesia, cet. 3, (London: Eagles Press, 1998), pp.. 181.


[3] Zaitunah Subhan, Tafseer Hatred, Gender Bias Study in Tafsir al-Qur'an, cet. 2, (New York: LKIS, 1999), pp.. 132-135.

[4] At a minimum, Celia Research E Mather, Industrialization in Tangerang Regenci of West Java, 1982. see Mohamad Sobary, Social Islamic discourse, Understanding the Age Seeking Solutions, cet. 1, (London: Age Discourse Noble, 1998), pp.. 165.


[5] Act No. 1, in 1974 about marriage, cet. 1, (Bandung: Image Umbara, 2001)

[6] Siti Rukhaini Dzuhayatin, et al. Equality between Women and Men, in the Methodological Reconstruction in the Islamic Discourse on Gender Equality. Cet. 1, (New York: Library student), hlm.vii.

[7] Siti Musdah Mulia, Islam and Gender InspirasiKesetaraan, cet. 1, (New York: Kibar Press, 2006), hlm.166.

[8] MH Rahman. SH, Compilation of Law in Indonesia, cet. 1, (New York: Academic Pressindo, 1992), hlm.108-110.

[9] Siti Musdah Mulia, Islam and Gender Equality Inspiration, cet. 1, (New York: Kibar Press, 2006), pp.., 158-159.

[10] Ibid., P. 172.


[11] Sachiko Murata, The Tao of Islam, cet. 5, (London: Mizan, 1998).


[12] an-Nisa> '(4): 32.

[13] H. Mahmud Junus, Translation Al Quran al Karim, Q.S. Al-Nisa, ed. 10, (Bandung, Alma'arif, 1996), p.. 76

[14] M. Quraish Shihab, "Cultural Norms versus Natural Woman," in Positioning Nature, Women and Change in Islamic Perspective, ed. I, (London: Mizan 1999), p.. 77-82.

[15] Mansour Faqih, Analysis and Transformation of Gender Equality, cet.5, (London: Student Press, 1997), pp.. 13-21.


[16] Muhammad Khalid Mas'ud, Philosophy of Islamic Law and Social Change, cet. 1, (New York: Al Iikhlas), p.. 229-230.

[17] Siti Musdah Mulia, InspirasiKesetaraan Islam and Gender, (New York: Kibar Press, 2006), p.. viii

[18] Chapter II, Article 2, Compilation of Islamic Law., Act I of the Republic of Indonesia No. 19 974 on Marriage & Compilation of Islamic Law, cet. 1, (New York: Image Umbara, 2007) p.. 228.

[19] Siti Musdah Mulia, the draft of his book; Towards Marriage Law Fair. Counter Legal Draft.

0 Response to "WOMEN'S RIGHTS IN MARRIAGE"

Post a Comment