Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019)

Counter Legal Drafting of the Islamic Law Compilation, A Gender Perspective

Authors
Dewani Romli, Abdul Qodir Zaelani
Corresponding Author
Dewani Romli
Available Online 13 November 2020.
DOI
10.2991/assehr.k.201113.063How to use a DOI?
Keywords
Compilation of Islamic law, marriage, polygamy, counter legal drafting
Abstract

Counter Legal Drafting Compilation of Islamic Law (CLD-KHI) is still a dilemma and has been a heated debate for years. There are many problems in it. This article analyzes the epistemological forms of CLD-KHI, the ones that are used as the methodological reference of its construction, considering their importance to the formulation of CLD-KHI. Using a juridical-normative analysis, it is found that the construction of the Compilation of Islamic Law (KHI) since its inception has brought various weaknesses. One of them is its discrimination against women. Hence, the making of CLD-KHI is to reject KHI because of the latter’s considered discrimination against women. This paper finds out that the view of CLD-KHI about the recording of marriage and polygamy as a commandment is part of the CLD-KHI’s efforts to protecting women.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
13 November 2020
ISBN
978-94-6239-274-8
ISSN
2352-5398
DOI
10.2991/assehr.k.201113.063How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Dewani Romli
AU  - Abdul Qodir Zaelani
PY  - 2020
DA  - 2020/11/13
TI  - Counter Legal Drafting of the Islamic Law Compilation, A Gender Perspective
BT  - Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019)
PB  - Atlantis Press
SP  - 331
EP  - 337
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201113.063
DO  - 10.2991/assehr.k.201113.063
ID  - Romli2020
ER  -