PERSEPSI ULAMA NU TERHADAP FATWA NU DAN PANDANGAN KEAGAMAAN KONGRES ULAMA PEREMPUAN INDONESIA TENTANG PEMAKSAAN PERKAWINAN

Khotimatul Husna, S.Ag., NIM.: 22203011076 (2024) PERSEPSI ULAMA NU TERHADAP FATWA NU DAN PANDANGAN KEAGAMAAN KONGRES ULAMA PEREMPUAN INDONESIA TENTANG PEMAKSAAN PERKAWINAN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In its Annual Notes, Komnas Perempuan stated that child marriage increased 300 percent throughout 2020 and one of the contributing factors was forced marriage.. Cases of forced marriages are addressed by NU fatwas and KUPI religious views. Forced marriage according to the NU fatwa is permissible, but makruh, as long as there is no possibility of harm. Meanwhile, according to KUPI's religious view, the law protects women from the dangers of forced marriage is mandatory for the state, community leaders, religious leaders, traditional leaders, society and parents. The results of the two fatwas appear to be incongruent and different, so it is necessary to examine the perceptions of NU ulama towards the NU Fatwa and the KUPI Religious Views regarding forced marriage and the views of NU ulama regarding the differences in the results of the two fatwas. This type of research is field research with a sosio legal approach, while the data analysis method used is analytical descriptive. The theory used is the theory of true justice. In the data collection method, the authors used interview and documentation methods. There were nine NU ulama who were respondents and came from East Java, Central Java, West Java and the Special Region of Yogyakarta. The results of the research show that, First in general the perception of NU ulama towards the NU Fatwa and KUPI Religious Views regarding forced marriages agrees with the implementation of forced marriages which in the context of fiqh are called ijba>r guardianship for girls. Of the nine NU clerics, it turns out that there are seven who think that this ijba>r guardianship must still be enforced because it is a matter of sharia principles and rules.. Even though NU ulama emphasized that ijba>r guardianship should not be carried out arbitrarily which could lead to harmfulness, NU ulama did not yet view the pattern of relations between men and women as a relationship of equality and mutuality but rather a subordinate relationship towards women. The NU ulama's perception of the fatwa on forced marriage has not taken into account the unique experiences of women biologically and sociologically and has not positioned women as whole human beings who have physical, intellectual and spiritual dimensions. Second, regarding the differences in the results of the NU and KUPI fatwas, NU ulama were divided into three groups, namely those who agreed and disagreed with the two fatwas, and the group who proposed to merge both of them.

Item Type: Thesis (Masters)
Additional Information: Pembimbing: Dr. Lindra Darnela, S.Ag., M.Hum
Uncontrolled Keywords: Pemaksaan Perkawinan, Fatwa NU, Pandangan Keagamaan KUPI, Keadilan Hakiki
Subjects: Hukum Islam
Hukum Islam > Fiqih > Pernikahan
Divisions: Fakultas Syariah dan Hukum > Magister Hukum Islam (S2)
Depositing User: Muh Khabib, SIP.
Date Deposited: 03 May 2024 10:01
Last Modified: 03 May 2024 10:01
URI: http://digilib.uin-suka.ac.id/id/eprint/65048

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