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Journal Article

Citation

Zakiyah Munir L. Muslim World J. Hum. Rights 2005; 2(1): online.

Copyright

(Copyright © 2005, Walter de Gruyter)

DOI

10.2202/1554-4419.1031

PMID

unavailable

Abstract

Anthropological studies have shown that attitudes and behavior of majority of Muslims towards gender and women's issues are influenced by the combined patriarchal culture and patriarchal reading of Islamic teachings which is reflected in conventional fiqh. This creates room for domestic violence; men occupy a dominant position and women are obliged to show their submission to them, such submission being portrayed as divine order. Some of the men interviewed in this study defended their dominant position by exaggerating the interpretation of religious texts that grant special privileges to men. Because of its serious repercussions on women, and because it runs counter to the basic principles of Islam on justice and equality and the overall objective of sharia, i.e. maslahat (benefit, well being), such male-biased reading of religious texts should be challenged. Over 30 verses in the Qur'an support equality between women and men and refer to women's rights in various aspects of life. Many of these women-friendly Qur'anic verses are further supported by the Hadith, traditionally attributed to Prophet Muhammad. The question that emerges is: why are Muslims' attitudes quite contradictory to the spirit of gender equality and equity and women's emancipation advocated in the Qur'an's verses? Using three different perspectives: theology (fiqh), legal (the newly passed Indonesian law), and anthropological case studies, this paper explores the answer to the above question and suggests how the gap between Islamic ideals on gender and their realities can be bridged.

Keywords: human rights; Islamic law; domestic violence; Indonesia


Language: en

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