%0 Thesis
%9 Masters
%A Nadhruna’im Abdilah, S.H., NIM.: 19203010113
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2022
%F digilib:56405
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Ijbar, Pusat Studi Wanita UIN Sunan Kalijaga, Gender
%P 125
%T ANALISIS HAK IJBAR WALI DALAM PERKAWINAN MENURUT PERSPEKTIF PUSAT STUDI WANITA UIN SUNAN KALIJAGA : SUATU KAJIAN BERPERSPEKTIF GENDER
%U https://digilib.uin-suka.ac.id/id/eprint/56405/
%X Departing from the shift in the meaning of ijbar which is identified with ikrah by the  majority of Indonesian people, especially in the gender perspective of the women's study center  at UIN Sunan Kalijaga, it encourages researchers to conduct a study on (1) How is the  development of the implementation of ijbar rights in Indonesia today according to the  perspective of Gender Institutions? Equality, Center for Women's Studies at UIN Sunan  Kalijaga? (2) What are the legal regulations regarding the implementation of ijbar rights in  marriage which are still a tradition in Indonesia according to the perspective of the Center for  Women's Studies at UIN Sunan Kalijaga? (3) How is the legal protection for women's human  rights which has been degraded as a result of forced marriages as a consequence of the  application of ijbar in a marriage, based on the perspective of the Center for Women's Studies  at UIN Sunan Kalijaga?  The type of research used is field research with a legal-formal approach. While the data  analysis method uses descriptive analytic with several stages, namely preliminary research,  data processing, data validity checking and data analysis. All data obtained through  observation and interview methods.  The results of the study show that the absolute right of ijbar after that may no longer be  exercised in Indonesia after the issuance of the Marriage Law and Compilation of Islamic Law.  From a number of articles it is clear that permission from the bride and groom, or the  prospective husband and wife, is an important component of the marriage itself. According to  the Center for Women's Studies at UIN Sunan Kalijaga, the concept of ijbar has a legal basis in  fiqh. The foundation is found in the hadith of the prophet, which is found in various books of  hadith. As one of the concepts that form the legal basis in fiqh relating to the rule of law, fiqh  experts have differing opinions regarding forced marriage (ijbar). The Center for Women's  Studies at UIN Sunan Kalijaga provides two types of legal protection for women whose human  rights are violated due to marriages with ijbar rights from the perspective of Islamic law. First,  every woman has the same right to choose her partner. Second, a woman may be asked for her  guardian's permission to marry her without his knowledge or consent.
%Z Pembimbing: Dr. Fathorrahman, S.Ag., M.S.i