Lalu bagaimana dengan kasus isteri (baca:perempuan) menceraikan suami? Untung saja belum sampe pada kasus perkosaan terhadap laki-laki oleh para pejuang feminis.... hehehehe....
--- In ppiindia@yahoogroups.com, "Lina Dahlan" <[EMAIL PROTECTED]> wrote: > Indonesia juga harus memperbaharui undang2 soal nikah or cerai neh > biar lebih peduli ke nasib para kaum perempuan. Yang ada sekarang > ini terlalu berpihak kepada laki-laki. > > Bukannya saya menyepelekan hukum yang telah ditetapkan imam 4 > mazhab. Tapi hukum2 tsb itu memang bisa berlaku kalau laki-lakinya > normal. Kalau laki-lakinya gak normal, ini bisa berakibat fatal buat > perempuan. > > Ato...mungkin di Indonesia ini sudah cukup baik perundangannya? > hanya saja...lagi-lagi aparatnya yang mempersulit... > > gimana nih jurnalperempuan?? > > wassalam wr wb., dan salam > > --- In ppiindia@yahoogroups.com, Zamhasari Jamil <[EMAIL PROTECTED]> wrote: > > > > India's new marriage contract > > By Fatima J. Price-Khan > > > > Each religious group in India has the constitutional right to be > governed by theocratic personal law in matters concerning family. > This has been so since the British colonial era. In addition to > common law, religious personal laws were codified to deal with the > legal matters of India's extremely diverse population, though for > most religious communities, personal law has undergone a lot of > change over time. Historically, the British drafted personal law by > consulting scholars from each religious group. Today, the body that > sets such legislation for Muslims is the All India Muslim Personal > Law Board (AIMPLB), which was established in 1972. The AIMPLB, a > traditionalist ulema-oriented group, claims to interpret Islamic > personal law in terms of what is mandated by their understanding of > Shariat law. Taking the stance that they represent the diverse > Muslim population in India regardless of region, sect, gender, or > socioeconomic status, the AIMPLB has approved a final draft of what > will > > become a state approved standardized nikahnama, or marriage > contract. The new nikahnama has been finalized after four years in > the making, and will inform legal decisions with regard to marriage, > marital disputes, and divorce, so its contents are of great > importance. > > > > AIMPLB initiated the drafting of the nikahnama with the intention > of reducing what board members claim is a growing divorce rate among > Indian Muslims. South Asia, its ulema having developed its own > distinct understanding of Hanafi based family law doctrines, has > been one of the only places in the Muslim world where a husband's > utterance of talaq thrice meant that the couple was irrevocably > divorced. > > > > There are well known anecdotes and publicized cases about how this > understanding of divorce has caused gross abuses of women. For > instance, a woman has no right to say whether or not she wishes to > remain married, so by using a finite triple talaq, men have > unilateral power over a divorce. Also, there have been many cases of > women living for years and years with husbands who frequently triple > talaq them during arguments, and since a triple talaq is legally and > culturally understood to be irrevocable even when uttered in anger > or under intoxication, these women suffer mental torment because > they perceive themselves to be living in zina, but don't leave their > husbands because of the stigma of being a divorcee. In addition, > there have been cases where men have uttered a triple talaq, and > without a legal requirement to register the divorce in court, > couples have separated with the understanding that a divorce has > taken place. However, due to private disputes, some unscrupulous ex- > husbands > > have taken advantage of un-witnessed, unregistered triple talaqs > to spite former wives with accusations of adultery once they > remarry. In Pakistan and Bangladesh, family ordinance laws have > enforced the legal requirement to register a talaq for the past few > decades, though abuses still take place due to loopholes in the > procedure. Indian Muslim personal law has varied from region to > region, and many couples don't bother to register a divorce legally > since their communities understand it to have taken place because of > the perceived validity of triple talaq. > > > > Mandated court intervention and registration was not formerly > required in many places in India, and is one of the clauses in the > AIMPLB's new nikahnama, so they laud themselves with the claim that > their nikahnama will be a great protection for women. Upon closer > examination, it is clear that the nearly all male, patriarchal and > traditionalist ulema-oriented AIMPLB has really done nothing for the > advancement of the protection of women's rights with its new > nikahnama with regards to divorce, as well as other matters. On the > contrary, the contract is yet another tool that can easily be used > to abuse Muslim women. > > > > Rather than deem triple talaq as illegal, the AIMPLB contract has > simply adopted wording which discourages its use as a last resort. > Court and community arbitration and intervention is also required > for a divorce to take place. This sounds good on paper, but on the > ground, it can only be assumed that this will lead to abuses. In > other countries that require legal arbitration before a divorce is > permitted, men are often supported by patriarchal, misogynistic > courts and are allowed to divorce their wives with little or no > evidence of ill conduct. Often, a woman's presence isn't even > necessary in court for the divorce to be accepted. Women seeking > divorce in cases when the husband does not want a divorce often have > to spend years and years of going back and forth to court while > their wishes are denied. In India, since many Muslims rely on > patriarchal local community courts (jamaat), it is easy to see how > with the new nikahnama, women could be vulnerable to being trapped > in unhappy and > > even abusive marriages when they want a divorce but their > husbands don't. > > > > One glaring problem with the new nikahnama's stance on divorce is > the absence of a clause allowing the woman the right to divorce her > husband. Not even the option of a khul divorce, in which a woman > achieves a divorce by appealing to court and then repaying her mehr, > is included in the contract. Even in neighboring Pakistan, with its > extremely misogynistic legal system, women have the option to check > a "husband gives wife permission to have the right of divorce" > clause in the standard marriage contract. So, the AIMPLB still > leaves Indian men with the unilateral power to divorce their wives. > > > > In addition to divorce issues, the standardized nikahnama is > riddled with other problems. For example, the new contract requires > the presence of parents or guardians during its signing. This helps > women (and sometimes men) very little in a place where, due to > sociocultural reasons, they are often denied the right to marry a > marriage partner of choice. It also potentially opens the door to > forced marriages. > > > > The AIMPLB takes a step in the right direction with the new > nikahnama's clause against Hindu style dowry (jahez/dahej: female's > family pays male and male's family in cash and gifts), which is a > notorious means of exploitation and leads to atrocities like dowry > deaths even in Muslim communities in South Asia. However, though > clauses that hurt women such as the one on divorce are easy to > enforce, in reality the dowry clause is difficult to enforce because > of social pressures at the time a marriage is taking place. This can > be seen by the fact that Indian secular law names dowry exploitation > as a punishable act, but dowry exploitation and dowry death is still > a substantial problem in the Indian community at large. > > > > Polygamy is permitted by the new contract in some contexts, but > once again, how can male-biased courts be sure that a polygamist is > treating his wives justly and equally? In our modern context (in > India and globally), there is little or no necessity for polygamy. > It should either be outlawed or strictly limited. Why does the > AIMPLB not take the opportunity to disallow polygamy with all of its > potential abuses in the new nikahnama? > > > > The AIMPLB has legally codified men's and women's roles within its > nikahnama, once again reiterating its patriarchal world view. Women > are "owner of household," and "responsible for looking after > domestic affairs" and children, while men are "responsible to earn > money and run the family." In addition, there is a list of > instructions for women including provisions that they cannot leave > the home without their husbands' permission, and must "safeguard > their modesty." Note that no such stipulations are issued to > husbands. > > > > There are other questionable details in the nikahnama, including > loopholes in requirements of payment of the mehr (Islamically > required wedding gift from groom to bride), and questions about > iddat, the waiting period after a woman is divorced or widowed > during which she cannot remarry just in case she is pregnant or the > divorced couple reconciles. > > > > Disturbingly, the AIMPLB is interested in propagating what it > calls a "Shariat Awakening." The board's patriarchal, male dominated > understanding of Allah's divine law, which they deem to be the true > Shariat, will inform all aspects of Indian Muslim personal law if > they have their way. > > > > Formerly, the AIMPLB had representation from Shia as well as Sunni > members, but due to the drafting of the nikahnama, a separate Shia > group has broken away because they have not been given equal > representation on the Sunni majority board. The issue of the > nikahnama has embodied the sidelining of the board's Shia voice > because Shias don't interpret family laws in the same way as Hanafi > Sunnis, and they obviously wouldn't want to be bound by the clauses > in the standardized marriage contract. > > > > The AIMPLB's authoritative new nikahnama has also sparked the > recent formation of the 35 member All India Muslim Women's Personal > Law Board due to the fact that the AIMPLB was completely overlooking > women's rights during the process of drafting the contract. The > Muslim Women's Board made numerous complaints to the AIMPLB about > clauses that can be used to the detriment of women, such as a clause > permitting child marriage. A senior AIMPLB member is officially > quoted as calling the formation of the women's board "a joke" which > they "strongly condemn." Incidentally, in the finalized draft of the > nikahnama, the child marriage clause has been removed. > > > > At present, the new nikahnama has yet to be released in full for > public scrutiny despite the criticism it has been receiving. The > AIMPLB is giving assurances that they "are fully aware of the social > problems of Muslims, especially women." A highly dubious statement, > indeed. > > > > *** Fatima J. Price-Khan works in education and applied > linguistics. She is also an activist and is involved in several > development projects. She is currently living in the Middle East > with her husband. Originally from Texas, Fatima accepted Islam in > her late teens. > > > > Bibliography and Webography: > > > > Women Living Under Muslim Laws, Raj Press, New Delhi. (2003) > > > > AIDWA Submits Memo to Muslim Personal Law Board, Retrieved May 9, > 2005, from The All India Democratic Women's Association > > > > All India Muslim Board Unveils Uniform Marriage Code, Retrieved > May 9, 2005, from Islam Online > > > > India's Muslims Face Up to Rifts, Mukherjee, S., Retrieved May 9, > 2005, from BBC News > > > > India: The Board of No Shame, Retrieved May 9, 2005, from Women > Living Under Muslim Laws. > > > > > > * * * * * > > Zamhasari Jamil > > Pelajar Islamic Studies > > Jamia Millia Islamia - A Central University > > New Delhi - India 110 025 > > Website Kampus : http://www.jmi.ac.in > > Website Pribadi : http://www.e-tafakkur.blogspot.com > > Website PPI India : http://www.ppi-india.org > > Email: izamsh@ yahoo.com > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > --------------------------------- > > Yahoo! Mail Mobile > > Take Yahoo! Mail with you! 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