The Relation of Gender and Feminism in Islamic Jurisprudence

• Author: Fokky Fuad Wasitaatmadja, Susianto & Suartini
• Position: Al Azhar Indonesia University, Faculty of Law, South Jakarta, INDONESIA/Merdeka Malang University, Faculty of Law, East Java, INDONESIA/Al Azhar Indonesia University, Faculty of Law, South Jakarta, INDONESIA
• Pages: 125-132

Center for Open Access in Science  https://www.centerprode.com/ojls. html

Open Journal for Legal Studies, 2020, 3(2), 125-132.

ISSN (Online) 2620-0619  https://doi.org/10.32591/coas.ojls.0302.04125w

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© Authors. Terms and conditions of Creative Commons Attribution 4.0 International (CC BY 4.0) apply.

Correspondence: Fokky Fuad Wasitaatmadja, Al Azhar Indonesia Univers ity, Faculty of Law, Jl.

Sisingamangaraja, Kebayoran Baru, South Jakarta 12110, INDONESIA . E-mail: fokkyf@uai.ac.id.

The Relation of Gender and Feminism

in Islamic Jurisprudence

Fokky Fuad Wasitaatmadja

Al Azhar Indonesia University, Faculty of Law, South Jakarta, INDONESIA

Susianto

Merdeka Malang University, Faculty of Law, East Java, INDONESIA

Suartini

Al Azhar Indonesia University, Faculty of Law, South Jakarta, INDONESIA

Received: 21 August 2020  Accepted: 1 October 2020  Published Online: 10 O ctober 2020

Abstract

Research on the relation of gender in Islamic Jurisprudence field always sparks the interest to

study because of several things: the idea of power relations which has b een touted as a thought

that subordinates the role of women in their dynamic movements. Second, the role of the text of

the Holy Qur’an in seeing and explaining gender relations in Islam, specifically when influencing

or influenced by local culture. The main research question to be revealed is: how does the concept

developed in Islamic Jurisprudence schools interpret the relations of men and women? The

theoretical framework developed in this study is based on the thought which built in the Islamic

Jurisprudence Schools. Sachiko Murata sees that there is a relationship between cultural

understanding and the understanding of God in the relationship of men and women . The

research method applied in this research is prescriptive normative legal method with conceptual

approach. The conclusion in t his study states that in the narrative a pproach to the Holy Qur’an,

there is no s ignificant power relation that degrades, dominates, or subordinates the role of

women in Islam. Spat ial structure of culture becomes a matter of concern when there is

submission in the role of women in their socio-cultural environment. The narrative text of the

Holy Qur’an explains the high appreciation of domestic and public roles for women. Feminism

itself can be traced in various narrative texts in the Holy Qur’ an that place women in a place of

honor.

Keywords: feminism, gender, Islamic Jurisprudence.

1. Introduction

The idea of feminism in epistemological discourse is an interesting topic to explore.

Research on the role of women in the sphere of socio-culture and religion becomes interesting to

discuss due to several things: First, that in human civilization, there are power relation in relations

to the role of women. Indeed, the religious messages in the texts of the Holy Book provide a space

of togetherness, as well as equality for anyone regardless of one’s gender. On the other hand,

appears power relation that is a relationship between certain social groups, where one group

dominates another group. The group that dominates can force its will, even oppressing and not

giving room for freedom of expression in any existing social arena.