Gender Perspective In Contemporary Islamic Law: Perceptions Of Religious Court Judges

Abstract

The presence of a gender perspective plays a role in the dynamic application of Islamic law in the religious justice environment. A gender perspective requires religious court judges to reconsider past legal products related to women's rights, including women's rights to access marriage, such as the issue of marriage guardians, which has major implications in considering cases of isbat  (validation) of marriage and marriage annulment. In this research, the author will examine the perceptions of religious court judges regarding how to place gender equality considerations in religious court decisions, related to the position of marriage guardians. This research is empirical legal research with 52 religious court judge respondents. The results of this research were analyzed descriptively qualitatively. The results of the research show that the majority of judges understand that the issue of marriage guardians is not absolute, accept the consideration of gender equality in the law on marriage guardians, but reject the discriminatory label on the legal regulations for marriage guardians in the KHI. Considerations regarding gender equality and non-discrimination do not stand alone, but must consider the effect of the law whether its implementation hinders the realization of women's constitutional rights.