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

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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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  -