2008/7/23 Waluya <[EMAIL PROTECTED]>:
> Hawa diciptakeun tina tulang iga Adam. Doktrin ieu bisa ditafsirkeun posisi
> awewe disahandapeun lalaki. Tapi ceuk Dr. Riffat Hassan, Muslimah urang
> Pakistan awewe jeung lalaki sabenerna sajajar. Ieu wawancara lawas majalah
> Tempo taun 1993 ( samemeh dibredel) jeung Dr. Riffat Hassan soal pamandegan
> manehna:
>

Kanggo babandingan, ieu kacindekan anu aya dina disertasina Dr.
Gunawan Adnan di Universitas Goettingen[1] . Anjeunna ngabandingkeun
tafsir ti dua ulama, Syekh as-Sha'rawii [2]
(http://khayma.com/alsharawi) sareng Hasbi as-Shiddiqii (ulama ti
Aceh, 1904-1975).

[1] 
http://books.google.com/books?id=aTdcKC6p9MQC&pg=PR5&lpg=PP1&dq=gunawan+adnan&output=html&sig=ACfU3U0ONORTFbUJ5jpwlrNfRMRTJnKYTw
[2] http://khayma.com/alsharawi

---------------

"
A. General Conclusion

The Qur'an does not chronologically present the creation process of
man and woman. It, nevertheless, does principally and essentially
respect and view woman as just as important a part of the whole cosmos
as man. The existence of woman is considered by the Qur'an to be as
urgent as the existence of man. God, The Almighty, as the QUr'an
informs us, gives equal rewards to everybody who performs good deeds
and gives punishments to those who commit evil deeds. There is no
single verse that supports and  promotes gender discrimination on the
basis of gender. Unfortunately, in most societies, especially Muslim
ones, the concept of gender, which is actually a product of social
construct tends to accord women a low status and often puts them in a
non-advantageous position.

It seems that many ancient values and traditions which might have been
derived from classical cultural and religious teachings have
thoughtlessly been adopted and continuously applied to the present
day. Moreover, the exaggerated regards for the translation and
interpretation of the meaning of divine scriptures and texts -
including the Qur'an, Old Testament, etc. - as the source of a final
and legitimate verdicts (fatawaa), have made the position of women
weaker and more advantageous. Therefore, it is a crucial necessity to
promote gender equality through a reconstruction of gender
relationships in a more just way. This task is not only the
responsibility of women, especially Muslim woman, but also men. It is
not a struggle and fight of woman against man.

The gender bias in the interpretation of some religious or divine
scriptures are understood by some to say that discrimination against
and oppresion of women are allowed and to make such attitudes
permissible. There is therefore a need to reexamine and reinterpret
certain gender-related verses, which can bring a fresh breeze to
building an equal and harmonious inter-relationship between man and
woman. Theologians, that is Qur'anic Commentators in this context,
have an importan role to play in reinterpreting religious texts. As
has become clear in the passage of time, many interpretations of the
meaning of divine scripture legitimased certain social and cultural
constructs. Conversely, there were also many value systems and social
constructs that were built based on a basis of understanding or
intepretation of divine scripture, for instance, the Old Testament's
concept of the creation of women (Eve), who was thought to have been
created from Adam's rib. The action of woman (Eve) were also regarded
as the main reason for God expelling mankind to this earth, so that
woman is guilty and dserved to carry inherited sins i.e. the Original
Sin (Genesis 2:18, 2:21-23, 2:12). This story has inevitably
infiltrated into some Qur'an exegesis (commentaries, kitaab Tafsiir).

The Qur'an acknowledges anatomical differences between man and woman.
These differences, however, do not automatically make one sex more
valuable than the other. The Qur'an, for instance, says that the
essential concept of building a family life (marriage) is to gain the
so-called mawadda warahma, namely to enjoy a harmonious life full of
peace and love. Gender-related verses in the Qur'an provide general
guidance regarding how to simultaneously improve individual and soical
quality. The Qur'an does not burdern one sex alone with the absolute
and awkward responsibilty for this; the most important aspect of
Qur'anic spirit that must be learned by mankind is that how to share
burdens or responsibility between both sexes (man and woman) in order
to achieve a happy life, both life in this world and in the next as
well. Moreover, the Qur'an declares that the special qualities and
superiority of a person is not given or handed out as a gift from the
Heaven (God), but idepends on one's effort (ikhtiyyaar). Thus a good
fate or bad one does not depends on gender i.e, male or female.

The Qur'an, indeed, reforms and is characterised by gender equality.
Among other things, it equalizes the position of man and woman as the
slave ('aabid) of God and created from the same material (element)
"nafsin waahidatin". Moreover, both men and women will be given a high
position by God if they are pious (taqwa". Men and women are given the
same opportunity to partake of God's blessing and mercy as well as His
approval (ridhallah). The Qur'an does not acknowledge Inherited or
Original Sin. Everybody is responsible for his/her own sin. Even
though, it may appear that certain verses give more privileges to man
such as verses concerning inheritance, polygyny, testimony, etc. these
verses were revealed as answer to special questions with particular
backgrounds (khusus as-sabab). This holds also true altough the
context (lafz) of the verses are general ('umum al-lafz). And
although, almost all gender-related verses revealed based on special
backgrounds, the lafz (context) of the verses are general ('umum).
Given this, which one of both forms should be more strongly taken into
consideration to determine a certain law?

Most 'ulama (jumhur ulama') and Qur'an commentators are of the opinion
that general context ('umum al-lafz) must be given the first priority,
i.e. law should be determined based on textual aspect of the verses.
But some 'ulama' consider the special backgrounds (contextual aspects)
of the verses must be given priority by, namely, considering the
essential and principal [i.e. the quality, conductors (doers), social
background, etc. of the case] of the cause of the revelation (asbaab
an-nuzuul) of the verses. It is understandable that jumhuur 'ulama's
opinions are very textual on the one hand, and minority 'ulama's
opinions are more moderate and contextual on the other.

B. The Similarities and Differences of Opinion between Sha'rawii and Shiddiqii.

B.1. The Concept of Human Creation

According to Sha'rawii the phrase min nafsin waahidatin in sura
an-Nisa' verse no.1 may be interpreted in two ways, first, Eve was
created from Adam's rib, and second, Eve was created from the same
material from which Adam was also created. However, Sha'rawii himself
does not openly give his opinion regarding this issue. He just
suggests that it is beter to avoid interpreting such a controversial
matter that we (human beings) did not witness in order to prevent
ourselves from going astray. Unlike Sha'rawii, Shiddiqii is of the
opinion that the phrase min nafsin waahidatin in the above-mentioned
verse does not refer to Adam but it refers to the same species and
sort of material i.e, the species of creature.

B.2. The Concept of Leadership

Sha'rawi is of the opinion that the phrase "ar-rijaalu qawwaamuuna
'alaa an-Nisa'i" in sura an-Nisa' verse no. 34 could be interpreted
that men are the protectors and leaders of women. He, however, adds
that to hold the position or status as the leader or protector of
women, men must be able to protect and to give security for women, if
not, men do not deserve this position. Men earn this status because,
according to Sha'rawii, the word al-Qawwaam is identical with
tiredness and struggle, which is associated with men. In addition, men
must also be able to provide financial support (basic necessity of
life) for their women i.e. wives and children, if not they should not
occupy the position of leader. This is, according to him, in
accordance with God's revelation i.e. "... wabimaa anfaquu min
amwaalihim", meaning "... and because their spend (to support them)
from their means". Like Sha'rawii, Shiddiqii also interprets and is of
the opinion that the phrase "ar-rijaalu qawwaamuuna 'alaa an-Nisa'i"
indicates that, men are the managers of women. As managers of women,
men have to protect and provide a secure state for them, because,
according to Shiddiqii, the obligations as such are part of men's
duties of responsibilities.

B.3. The Concept of Inheritance

Both Sha'rawii and Shiddiqii are in agreement that the formula 2:1 of
inheritance is fair enough. Both of them thought that it is fair and
not discriminatory against women because it is appropriate to the
rights and responsibilities between men and women. For instance, men
are responsible for supporting financial life both for their wives and
children whereas women are free from such responsibilities. Moreover,
if women get married, they obtain bride price, whereas men have to pay
for the bride price. Men must pay the bride price again if they get
married for the second time, wehere women will receive a new bride
price if they get maried a second time, etc.

B.4. The Concept of Polygyny

Sha'rawii and Shiddiqii are of the opinion that the verse no.  3 of
sura an-Nisa' is not aimed at instructing the conduct of polygyny; it
is just a rukhsa (exception or a contingency arrangement). Since this
verse was revealed in relation to the matter of taking good care of
orphan-girls, one must able to catch and recognize the spirit behind
the revelation of this verse i.e. to protect women and to treat them
justly. Furthermore, both of commentators emphasized that a man is
required to be just ,fair and succesful in the first marriage as the
prerequisite of conducting polygyny. As a logical consequency, if a
man fails in doing so, he cannot be permitted to practice polygyny.
i.e. to marry a second or up to four wives.


---
Dian.

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