Protection of Women's Rights in Marriage According to the Compilation of Islamic Law and Its Implementation in Indonesia

The issue of protecting women's rights in marriage still leaves various problems, especially regarding women's rights and their protection, especially in Islamic legal norms. Cases of domestic violence always place women as victims, the alignment between formal law and Islamic law is clear. However, the approach to resolving domestic violence against women always prioritizes a family approach and informal resolution, so that similar cases have the potential to recur. This study examines the protection of women's rights in marriage according to a compilation of Islamic law in Indonesia using a formal juridical approach and library research methods. This study found that the protection of women's rights has been comprehensively regulated in formal state law and Islamic law, but its implementation is still not optimal because in practice the protection of women's rights is still dominated by non-formal interests such as customary/cultural law, patriarchal cultural practices so that women's rights are marginalized.

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Publication Details

Journal
Journal of Law Politic and Humanities
Published
2025-06-17
DOI
https://doi.org/10.38035/jlph.v5i5.1775
Primary Topic
Gender and Women's Rights
Type
article
Field-Weighted Citation Impact
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article

Protection of Women's Rights in Marriage According to the Compilation of Islamic Law and Its Implementation in Indonesia

Nurafni Nurafni, Akmal Abdul Munir, Akbarizan Akbarizan
Journal of Law Politic and Humanities
Gender and Women's Rights
article

Protection of Women's Rights in Marriage According to the Compilation of Islamic Law and Its Implementation in Indonesia

Nurafni Nurafni, Akmal Abdul Munir, Akbarizan Akbarizan
article en

Abstract

The issue of protecting women's rights in marriage still leaves various problems, especially regarding women's rights and their protection, especially in Islamic legal norms. Cases of domestic violence always place women as victims, the alignment between formal law and Islamic law is clear. However, the approach to resolving domestic violence against women always prioritizes a family approach and informal resolution, so that similar cases have the potential to recur. This study examines the protection of women's rights in marriage according to a compilation of Islamic law in Indonesia using a formal juridical approach and library research methods. This study found that the protection of women's rights has been comprehensively regulated in formal state law and Islamic law, but its implementation is still not optimal because in practice the protection of women's rights is still dominated by non-formal interests such as customary/cultural law, patriarchal cultural practices so that women's rights are marginalized.

Journal of Law Politic and HumanitiesVol. 5(5)
Universitas Islam Negeri Sultan Syarif Kasim Riau (ID)
Openalex Percentile: Top 84%
Gender and Women's Rights
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Protection of Women's Rights in Marriage According to the Compilation of Islamic Law and Its Implementation in Indonesia — Nurafni Nurafni, Akmal Abdul Munir, et al. · Journal of Law Politic and Humanities (2025) | TGRS Research Map | TGRS