POLITISASI RELASI SUAMI-ISTRI: TELAAH KHI PERSPEKTIF GENDER

As a positive law, KHI is a political product and full of state nuance. The initiation process through its justification all involved dominant state role. gender bias in KHI exist on Article 79 paragraph 1 about men-wife position, Article 80 paragraph 1- 3 about man’s obligatory, Article 83 paragr...

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Bibliographic Details
Main Author: Durotun Nafisah
Format: Article
Language:Indonesian
Published: Pusat Studi Gender dan Anak IAIN Purwokerto 2015-03-01
Series:Yinyang: Jurnal Studi Islam, Gender dan Anak
Subjects:
Online Access:https://ejournal.uinsaizu.ac.id/index.php/yinyang/article/view/197
Description
Summary:As a positive law, KHI is a political product and full of state nuance. The initiation process through its justification all involved dominant state role. gender bias in KHI exist on Article 79 paragraph 1 about men-wife position, Article 80 paragraph 1- 3 about man’s obligatory, Article 83 paragraph 1 and 2 about wife’s obligatory, also Article 84 paragraph 1 and 2 about nusyuz. Gender inequalities furthermore cause gender injustice that consists of marginalization, stereotype, subordination, double burden, and violence. Gender bias in KHI caused by: first, social-cultural and educational background of every party involved at its formulation. They tend to very patriarchic and phalli-centric. Second, its formulation method only compiled fikih books, appeal study to Middle East, and seminar, without ushul-fikih framework or non-Islamic studies approach
ISSN:1907-2791
2548-5385