Fatimah Panjaitan, Faisar Ananda, Irwansyah Al Faqih

Kedudukan Suami dan Istri dalam Hukum Perkawinan di Dunia Islam

Introduction

Kedudukan suami dan istri dalam hukum perkawinan di dunia islam. Telaah posisi suami-istri dalam hukum perkawinan Islam di dunia, tantangan modern, dan reformasi di negara Muslim seperti Indonesia demi kesetaraan gender & perlindungan anak.

Abstract

In the Discussion of the Position of Husband and Wife in Islamic Marriage Law, which is based on the Qur'an and Hadith, it continues to develop following social and cultural changes. Modern challenges such as gender equality and child protection encourage the need for this legal reform. Several Muslim countries, including Indonesia, have carried out reforms to adapt to the needs of the times. This study uses a qualitative approach with a literature study, reviewing secondary sources such as books, journal articles, and legal documents. The analysis was carried out descriptively-analytical and comparatively to compare the reform of marriage law in several Muslim countries. The results of the study show that the reform of marriage law in the Islamic world is the result of the interaction between tradition and modernity. Countries such as Tunisia, Morocco, and Indonesia have adopted reforms that are more in favor of women's and children's rights. Despite cultural barriers and conservatism, dialogue between scholars, government, and society is important to create relevant change.

Review

This paper, titled "Kedudukan Suami dan Istri dalam Hukum Perkawinan di Dunia Islam" (The Position of Husband and Wife in Islamic Marriage Law in the Islamic World), addresses a highly relevant and dynamic topic. The abstract effectively outlines the study's focus on the evolving positions of spouses in Islamic marriage law, driven by contemporary challenges such as gender equality and child protection. The research aims to explore these developments, particularly legal reforms in various Muslim countries, utilizing a qualitative approach based on a literature review of secondary sources. This comparative and descriptive-analytical methodology appears well-suited to understand the complex interplay between traditional Islamic jurisprudence and modern socio-cultural demands. The study's primary strength, as articulated in the abstract, lies in its comparative analysis of marriage law reforms across several Muslim countries, specifically mentioning Indonesia, Tunisia, and Morocco. By highlighting how these nations have adapted their laws to better protect women's and children's rights, the paper promises valuable insights into the practical application and interpretation of Islamic law in a contemporary context. The finding that these reforms are a result of the interaction between tradition and modernity is a crucial takeaway, underscoring the ongoing negotiation within Islamic legal frameworks. Furthermore, the emphasis on dialogue among scholars, government, and society as a catalyst for change points to a constructive and forward-looking perspective on legal development. While the abstract provides a compelling overview, the full paper would benefit from a deeper elaboration on several aspects. For instance, a more detailed discussion on the *specifics* of the reforms adopted by Tunisia, Morocco, and Indonesia, perhaps with concrete examples of legislative changes or judicial interpretations, would greatly enhance the comparative analysis. Furthermore, while cultural barriers and conservatism are acknowledged, a more thorough examination of *how* these barriers manifest and are either overcome or persist in different contexts would enrich the study. Finally, exploring the *mechanisms* and *outcomes* of the "dialogue between scholars, government, and society" would provide practical insights for other Muslim countries contemplating similar reforms. Despite these potential areas for further detail, the abstract positions this study as a timely and important contribution to the discourse on Islamic family law and gender studies.

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