%A NIM.: 19203010113 Nadhruna’im Abdilah, S.H.
%O Pembimbing: Dr. Fathorrahman, S.Ag., M.S.i
%T ANALISIS HAK IJBAR WALI DALAM PERKAWINAN MENURUT PERSPEKTIF PUSAT STUDI WANITA UIN SUNAN KALIJAGA : SUATU KAJIAN BERPERSPEKTIF GENDER
%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.
%K Ijbar, Pusat Studi Wanita UIN Sunan Kalijaga, Gender
%D 2022
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib56405