2024 Challenging Traditional Islamic Authority: Indonesian Female Ulama and the Fatwa Against Forced Marriages: Perbedaan antara revisi
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{{Infobox book|editor=|publisher=|image=Berkas:Journal of Islamic Law.png|italic title=Journal of Islamic Law|isbn=2721-5040|pub_date=2024-02-29|cover_artist=|pages=|series=Vol 5 No 1 (2024)|author=|title_orig=Journal of Islamic Law}} | |||
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* ''Nor Ismah (Association for Asian Studies and Center for Southeast Asian Studies, University of Michigan, Ann Arbor, United States)'' | * ''Nor Ismah (Association for Asian Studies and Center for Southeast Asian Studies, University of Michigan, Ann Arbor, United States)'' | ||
| | |}'''Abstract''' | ||
Forced marriage practices have garnered significant attention from various international communities, including the community of female ulama in Indonesia. Despite being a relatively new presence, the community of female ulama affiliated with the Congress of Indonesian Female Ulama ([[KUPI]]) has taken a decisive stance against this practice, issuing a firm [[fatwa]] (Islamic legal opinion) that underscores its detrimental impact on women. This article addresses the primary question of why female ulama associated with KUPI redefine the concept of ''wilāyāt al-ijbār'' (compulsory guardianship) in marriage, departing from the prevailing opinion among traditional Islamic scholars. Through a combination of literature review and field research conducted over eight months, spanning from April to November 2022, this study reveals that KUPI interprets ''ijbār'' not as the paternal right to force a daughter into marriage, but rather as a form of guardianship that entails responsibility and nurturance towards their daughter. This fatwa framework is rooted in what is termed the ‘KUPI Trilogy’: ''ma''‘''rūf'' (good), ''mubādalah'' (reciprocity), and ''[[Keadilan Hakiki|keadilan hakiki]]'' (substantive justice), which promote principles of equality and egalitarianism. By employing theological, sociological, and juridical arguments and emphasizing the experiences of female victims, KUPI contends that the concept of ''wilāyāt al-ijbār'' in ''[[fiqh]]'' (Islamic jurisprudence) is not absolute, thereby prohibiting guardians from coercing or intimidating their daughters into marriage. This article argues that female ulama have boldly contested the authority of traditional ulama by reinterpreting the essence of ''ijbār'' in ''fiqh'', while incorporating the lived experiences of female victims of forced marriage practices. | Forced marriage practices have garnered significant attention from various international communities, including the community of female ulama in Indonesia. Despite being a relatively new presence, the community of female ulama affiliated with the Congress of Indonesian Female Ulama ([[KUPI]]) has taken a decisive stance against this practice, issuing a firm [[fatwa]] (Islamic legal opinion) that underscores its detrimental impact on women. This article addresses the primary question of why female ulama associated with KUPI redefine the concept of ''wilāyāt al-ijbār'' (compulsory guardianship) in marriage, departing from the prevailing opinion among traditional Islamic scholars. Through a combination of literature review and field research conducted over eight months, spanning from April to November 2022, this study reveals that KUPI interprets ''ijbār'' not as the paternal right to force a daughter into marriage, but rather as a form of guardianship that entails responsibility and nurturance towards their daughter. This fatwa framework is rooted in what is termed the ‘KUPI Trilogy’: ''ma''‘''rūf'' (good), ''mubādalah'' (reciprocity), and ''[[Keadilan Hakiki|keadilan hakiki]]'' (substantive justice), which promote principles of equality and egalitarianism. By employing theological, sociological, and juridical arguments and emphasizing the experiences of female victims, KUPI contends that the concept of ''wilāyāt al-ijbār'' in ''[[fiqh]]'' (Islamic jurisprudence) is not absolute, thereby prohibiting guardians from coercing or intimidating their daughters into marriage. This article argues that female ulama have boldly contested the authority of traditional ulama by reinterpreting the essence of ''ijbār'' in ''fiqh'', while incorporating the lived experiences of female victims of forced marriage practices. | ||