Majelis Permusyawaratan Ulama MPU – Majelis Permusyawaratan Ulama MUI Majelis Ulama Indonesia – Majelis Ulama Indonesia NU Nahdlatul Ulama – Ormas Islam Tradisional Partai Bulan Bintang – Partai Bulan dan Bulan Sabit. Perempuan dan Perceraian: Sebuah Studi Keadilan Hukum tentang Aspek Sosial dan Peradilan Terhadap Perceraian yang Tidak Tercatat di Aceh, Indonesia, Tinjauan Hukum Amerika di Tiongkok (2015); 3). Ia merupakan dosen senior di Universitas Islam Negeri (UIN) Maulana Malik Ibrahim, Malang, Jawa Timur.
Her research areas include the development and application of Islamic (family) law in Indonesia, jurisprudence and gender issues. She has published books and articles, including Modernization, Tradition and Identity: The Kompilasi Hukum Islam and Legal Practices in Indonesian Religious Courts (Amsterdam University Press, 2010); 'The Training, Appointment and Supervision of Islamic Judges in Indonesia', InPacific Rim Law and Policy Journal, Vol. Muslim Women in Indonesian Religious Courts: Reform, Strategies and Promulgation of Divorce, Journal of Islamic Law and Society, Vol.
She currently teaches cultural studies, semiotics and comparative literature at the Faculty of Adab and Humanities at the State Islamic University (UIN) Alauddin Makassar. She completed her PhD in Anthropology of Islamic Law at the School of Social Sciences and Psychology at Western Sydney University, Australia, in 2017. Her recent publications include "Confirming Domestic Identity, Supporting Public Commitment (The Case of Tuan Guru's Wives in Lombok Nusatenggara of Eastern Indonesia and Journal Study), VolMusawa, der Journal Study, VolMusawa, der Journal Study,.
2 (2015); "Ampa Co'i Ndai: Local Understanding of Kafā'a in Marriage among Eastern Indonesian Muslims" Al Jami'ah Journal of Islamic Studies Vol.
Note on Transliteration
Introduction
Across the Muslim world, researchers have started from the local social and cultural structures that shape men's and women's access to resources, and have found different degrees of gender asymmetry. But from one region to another, Muslim societies also exhibit profound differences in gendered ideas and practices: a well-known indicator of the power of cultural forces remains the stark difference in female survival rates between South and Southeast Asia. Against these interwoven backgrounds of textual justifications and cross-regional differences in gender asymmetry, anthropologists have highlighted women's strategies for drawing on Islam for their own material advantage.2.
It shows how women's claims to be rights bearers are kept in Koranic study groups, as well as through the codification of Iranian civil law, which specifically stipulates individual rights; they have more. Scholars trace women's strategies and outcomes in relation to specific regimes that shape access to property, such as communal property systems, patron-client relationships, property distribution rules, and kinship systems (see Benda-Beckmann, 1979; Ilahiane, 2004; Peters, 1978; Mundy, 1988). Here, careful ethnographic work has shown that a rule or category such as that relating to women's rights to shares of inheritance conceals a multidimensional space of power and resources.
These and other authors also discuss social changes that affect women's practical claims to property, including the effects of women's education and employment on access to property, partly through increased social capital (Chatty, 1996; Quisumbing & Maluccio, 2003) and, working in the other direction, processes such as commercialization, population growth make access to land more difficult for women, 1999). In the early 20th century, Islamic law was interpreted as offering women a post-divorce payment in lieu of a share of property, and gave men rights to initiate divorce that were not shared with women. Adatsystemet often gave sons rights over land, although generally women had some inheritance rights, and in some societies, although women were not controlled by inheritance and status. Beginning in the 1930s, women's groups demanded equal property rights for women and reform of marriage and divorce laws.
Each of the following chapters examines women's access to property in the forms of mahr (marriage gift), joint marital property, payments after divorce or inheritance divisions. Part one focuses on how local systems of meaning, norms and power strengthen or weaken women's position and property rights. Rosmah Tami focuses on women's property rights among the Bugis and Makassar ethnic groups in South Sulawesi.
Tutik Hamidah studies how female activists in the two largest Muslim women's organizations in Indonesia, the Muslimat NU and Aisyiah Muhammadiyah, view the issue of the rights of children born to parents who are not officially married in a manner recognized by the state (versus unregistered marriages). Part three of this volume focuses on the extent to which women's property rights are shaped by judges' assessment of presented cases and their interpretation of legal texts. Euis Nurlaelawati examines judges' arguments for their rulings on women's claims for post-divorce payments, as seen in several case studies of religious courts from two districts in Banten province, Tangerang and Serang.
She points out that the success of women in gaining access to their rights is partly due to the fact that many judges in both districts were sensitive to gender equality and therefore tried to protect women's rights after their divorce. But in others we find that recourse to Islamic courts can give women access to land and other forms of property, not only because of the codification of Islamic law, but also because of a widespread judicial concern for the protection of women's rights.
The Social Practice of Mahr among Bimanese Muslims
When the bride pays theco'i, it is referred to as 'ampa co'i ndai' (bride-paid marriage payment). When bride and groom are farmers and/or self-employed, and neither a government official, the groom provides the house and the bride the land. When the groom is a government employee and the bride does not have higher education and/or is not a government employee, she provides all the funds.
The bride receives land as personal property from her parents and the groom is not expected to provide the house. If the bride is a public servant and the groom is not (but may be a successful farmer, businessman, or other professional), the groom is primarily responsible for providing the co'i, a house, land, and furniture. The bride and groom still have the right to receive land from their parents respectively as personal property.
If the bride's parents have productive land and the groom's parents have a house, it will be given to them as personal property. Both bride and groom contribute financially to the wedding party, as agreed by both parties. This is evident from the practice of mutual contributions of the bride and groom and the parents' provision of personal property for each of them.
The Bimanese accommodation of mahr provisions in their cultural context allows them to compensate for the specific 'social location' of the bride and groom and for their prospects. Mutual contributions refer to the bride and groom's respective financial support to the newly formed family. The primary pattern of ampa co'i ndaiis when the prospective husband is a government employee, usually in the army or police.
However, it must be said that evidence of good character is actually more theoretical than factual. the social practice of mahr among Biman Muslims 21 The groom's financial responsibility and good character are indicators of his readiness to marry. The rule that the groom gives them is maintained in the declaration of marriage, but is modified in reality, even to the extent that the bride may well assume his role. The great effort expended in the wedding process is similarly seen as of mutual interest, not seen as a personal matter but as a shared investment by the bride and groom and their families.
The practice recreates the bride's own status (kaco'i weki ndai) by showing respect for the groom's status (kaco'iku ngarana). Basir said he would never forgive her if she had extra-marital affairs, but he felt that as long as he "brings back the bottle, he can share the filling of it," meaning it's his. masculinity' is Fitri's, but he could still have relationships with other women. the social practice of mahr among bimanese muslims 25 When I asked Fitri how she felt about this, she claimed that her husband was only joking, because he would never have the courage to behave like this, and even if he did, she wouldn't believe it unless she caught him in the act: 'If I do that, I'll have the trump card, and I can let his parents know and report him to the army.
