DINAMIKA PERILAKU HUKUM KELUARGA PADA MASYARAKAT MUSLIM KELAS MENENGAH DI BANYUMAS RELASI GENDER DAN PAHAM KEAGAMAAN

Muhammad Iqbal Juliansyahzen, NIM.: 17300016071 (2022) DINAMIKA PERILAKU HUKUM KELUARGA PADA MASYARAKAT MUSLIM KELAS MENENGAH DI BANYUMAS RELASI GENDER DAN PAHAM KEAGAMAAN. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This dissertation examines the phenomenon of family law in middle-class muslim society in Banyumas and its relation to religious understanding and state law. This study argues that the presence of middle-class Muslims has an influence on legal changes in society. This study specifically aims to understand the dynamics of family law in middle-class muslim societies, to analyze the role of agents and structures in constructing Islamic family law discourses, and to examine the extent of the state's role in mainstreaming equality in Islamic family law discourses in middle-class muslim societies amidst the flourishing and diverse religious authorities. As field research, the primary data were collected directly in 3 (three) methods, namely observation, in-depth interviews, and documentation. Researchers conducted participatory observations of 6 (six) study forums held by urban mosques, namely the Jenderal Besar Soedirman Mosque, Purwokerto, the Fatimatuzzahra (Mafaza) Mosque, the Gelora Indah Mosque, Purwokerto, as well as several mosques located in some elite housings, namely the Griya Asri Housing Mosque, the Griya Satria Housing, and the Sapphier Housing Mosque. In addition, researchers also made observations in 3 (three) Offices of Religious Affairs and 2 (two) Religious Courts, namely The Religious Court of Purwokerto and the Religious Court of Banyumas. The researcher interviewed 31 informants, who were eventually reduced to 26 informants. The primary data in this dissertation were supported by some documents, including the decisions of the Religious Courts and the Office of Religious Affairs as well as other data in the form of journals, books and annual reports. This research was conducted using socio-anthropological approach. It applied Anthony Giddens' structuration theory and Max Weber's authority theory as the grand theory and Abdullah Saeed's theory of religious understanding as the supporting theory. This research revealed 3 (three) important findings. First, there have been some notable dynamics of family law understanding and practice in Banyumas, as indicated by groups that reject equality, groups that are fairly accommodative, and the contextualistprogressive groups that accept equality. Of the three models, the first two models are more dominant in the middle-class muslim community in Banyumas. This argument is built based on three family law issues, namely the problem of husband-and-wife relations, divorce, and polygamy. Second, the dynamics of Islamic family law in the middle-class muslim community in Banyumas is inseparable from the aspect of the subject (the community) who tends to have a symbolic understanding of religion and refers to textual religious motivations. In addition, it is also influenced by agents mainly ustadz who have certain religious affiliations, female preachers, and ustadz with textualist perspective who gained popularity in the media. The social structure also plays an important role, such as urban mosques and residential mosques that actively conduct studies, as well as family law advocacy such as the existence of the Munakahat School program and marriage counseling. Third, there has been a limited role of the state in shaping the understanding and behavior of modern family law, which considers justice for women. This can be seen in the relationship between men and women and polygamy. In addition, the presence of religious authority in society plays more essential role in shaping public understanding of family law than the role of the state. The muslim middle class group seems to prefer charismatic authority to others. In general, this study provides a theoretical contribution by adding new elements to Giddens' theory in the context of understanding an action or behavior, namely belief, as well as reflection, rationalization, and motivation. Meanwhile, in practice, the effort to realize legal understanding and practice in a society that is more modern and upholds egalitarian principles can be done by advocating for agents of religious narrative.

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