(Fikih Perwalian) Guardianship Jurisprudence: Rereading Guardianship Rights for the Protection of Women from Forced Marriage and Child Marriage

Rumah Kita Bersama (Rumah KitaB) with the support of the Oslo Coalition initiated a 10-month text study with 8 rounds of discussion on wilâyah and qiwâmah. This initiative emerged after realizing that contemporary Islamic studies further strengthened the building of the concept of wilâyah and qiwâmah which gave rise to the asymmetry of relations between men and women. The results of this study were then poured into a book “Guardianship Jurisprudence: Rereading Guardianship Rights for Protection of Women from Forced Marriage and Child Marriage.” The study was carried out because almost all fiqh religious arguments related to the practice of child marriage centered on father’s rights (wilâyah), while those related to the protection function centered on men in their roles as husbands (qiwâmah).

In this study of wilâyah and qiwâmah the Rumah KitaB’s team based its arguments on the Qur’an, hadith, the works of the ulama using the methodology of reading the text maqâshid al-syarî’ah, ushul fiqh, and gender. With these three analytical tools, solid arguments are built to reject the interpretation that has been directed at strengthening the asymmetry of male and female relations which contributes a lot to the poor social, economic and political status of women.

This book seeks to bring Muslim understanding and contributions from the Islamic experience in Indonesia towards the purpose of the benefit of Shari’a in the matter of the rights of parents (fathers) or mujbir guardians in marriage and rectifying subjective understandings of gender bias that do not take into consideration the future interests of girls.

A number of innovations have been carried out by ulama, jurists and religious judges from Indonesia in overcoming asymmetry such as Prof. Dr. Teungku H. Mohammad Hasbi Ash-Shiddiqiy, Prof. Dr. Mr. Hazairin Harahap, S.H., Dr. (HC). KH. Sahal Mahfudz, and Dr. H. Andi Syamsu Alam, S.H., M.H. Similar efforts were also made by modern scholars such as Rifa’at Rafi ‘Al-Thahthawi (Egypt), Thahir Al-Haddad (Tunis), Muhammad Abduh (Egypt), and Qasim Amin (Egypt). In essence, they are trying to contextualize social change with the text so that the text remains relevant in overcoming theismism of gender relations in the family.

MAQÂSHID AL-ISLÂM: Konsep Perlindungan Manusia dalam Perspektif Islam (The Concept of Human Protection in Islamic Perspective)

KAWAN dan LAWAN KAWIN ANAK (Friends and Foes of Child Marriage)

Mendobrak Kawin Anak (Breaking Child Marriage)

A Journey Against Defeat: Narratives of Women’s Rejection of Poverty

Going beyond the usual studies on poverty and gender, this research study records the powerful resilience of women in resisting impoverishmnet, in all its forms. Women’s resistance is long term and traverses sectors and venues, but without the necessary support and organisation, it can be sporadic and unsystematic.

The law offers hope to women. The law needs to be encouraged to serve as a support, since it is relatively neutral and universal. For gender equality the law needs to be constantly monitored and checked. Positive law needs to be aligned with the framework and norms of human rights particularly so for issues of violations of women’s rights. These cannot remain hidden away in domestic space or concealed by layers of culture.

Siapa Bilang KB Haram? (Who Says KB Haram?)

KB is doubted that it will achieve the goal of welfare. This book maps the discourses that connect family planning, welfare and reproductive health. This book consistently uses ushul fiqh and maqashid al-syari’ah as methodological tools in exploring Islamic law. This argument is so  important that the government consistent in ensuring the fulfillment of women’s reproductive rights by fulfilling good, prime, and principle-based KB based on the principle of respect for human rights.


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Inspirasi Jihad Kaum Jihadis (Jihad Inspiration of the Jihadists)

This book is a results of study of the books selected by the researchers of Rumah Kita Bersama Foundation (Rumah KitaB) as a reference that contains the idea of ​​jihad. For a year Rumah KitaB held a series of discussions on various campuses and processed them into this book. By presenting a number of informants, this discussion examines the concepts of jihad, offers for jihad, and the concept anatomy of jihad in the socio-historical context.
Lies Marcoes-Natsir, MA. – Director of Rumah Kita Bersama Foundation
Contributors:
Jamaluddin Mohammad
Ulil Abshar Abdalla
Mukti Ali
Roland Gunawan
Jamaluddin Mohammad
Badrus Sholeh
Din Wahid
Jajang Jahroni
Lies Marcoes-Natsir
Sirojuddin Ali
Achmat Hilmi
 

Publisher:
Rumah KitaB Foundation
 

Year:
2017
 

Number of pages:
440 pages

Child Marriage Fiqh

This book analyzes religious texts that are misinterpreted to justify child marriage practice.

Social Orphan in the Land of A Thousand Mosques

Case studies of child marriage practice in Lombok, West Nusa Tenggara.

Preface to 9 Studies on Child Marriage in 5 Provinces

Social Orphan and Covert Labor Power.