GENDER PERSPECTIVE OF THE PARTIES IN THE FAMILIES OF FEMALE MIGRANT WORKERS IN THE RELIGIOUS COURT OF THE EX-KADIRI RESIDENTIAL COURT

  • Khoirul Anam Universitas Tulungagung
Keywords: Parties, Female Migrant Workers, Gender Equality, Religious Courts

Abstract

This research is based on the phenomenon of wives working abroad to help and replace their husband's role in earning a living for the family by mutual agreement. However, when they were abroad, these wives filed for divorce from their husbands for various reasons, as well as the emergence of different views between the parties in understanding the gender perspective in the obligation to fulfill the family livelihood of migrant workers. This research attempts to answer the question of the gender perspective of the parties at the former Kediri Regency Religious Court regarding fulfilling the family livelihood of female migrant workers. In contrast, for this research method, qualitative research methods are used—sociological, conceptual, and philosophical juridical approaches. The results of this research show that the gender equality perspective of the parties in the divorce case of migrant workers in the former Kediri Residency regarding fulfilling a living shows a moderate view of fulfilling a family's residence. This reasonable view is influenced, among other things, by family law, which is still less gender-sensitive, the existence of a patriarchal culture in the ex-Kediri Residency community, and the presence of religious interpretations that tend to be still patriarchal. For this phenomenon, efforts are needed to restore the understanding of Islamic humanist values ​​in the Muslim families of migrant workers in the former Kediri Residency, which are not capitalist regarding the role of fulfilling the family's livelihood. As a hope, there is a perspective of the parties in the household that prioritizes humanist values ​​that are not capitalist, which places equality in the relationship between husband and wife with complete respect.

References

Pius Partanto., 2021, Popular Scientific Dictionary, Surabaya: Arkola Surabaya.
Abbas, Syahrizal., 2009, Mediation in the Perspective of Sharia Law, Customary Law, and National Law, Jakarta: Kencana Prenada Media Group.
Abdurahman., 1995, Compilation of Islamic Lawin Indonesia, Jakarta: CV. Presindo Academics.
Abubakar, Al Yasa'., 2012, Istishlahiah Method of Using Knowledge in Ushul Fiqh, Banda Aceh: CV Diandra Primamitra Media.
Abubakar, Muzakkir., 2020, "Increasing divorce lawsuits in the Syari'ah Court Increased Divorce in the Syari'ah Court", Kanun, Journal of Legal Sciences. Vol. 22, no. August 2, 2020, Shia University Faculty of Law.
Adib, Ahmad., 2020, "Implementation of RI Regulation Number 1 of 2016 in Family Mediation in Religious CourtsKebumen," Doctoral Dissertation, Yogyakarta: Doctoral Study Program, Faculty of Islamic Religious Sciences, Islamic University of Indonesia.
Afrizal., 2019, Qualitative Research Methods An Effort to Support the Use of Qualitative Research in Various Disciplines, Depok: PT Raja Grafindo Sejahtera.
Ali, Ahmad., Wiwie Heryani., 2012, Exploring Empirical Studies of Law, Jakarta: Kencana.
Ali, Mohammad Daud., 2015, Islamic LawIntroduction to Islamic Law and Legal Order in Indonesia, Depok: PT Raja Grafindo Persada..
Ali, Zainudin, 2018, Islamic LawIntroduction to Indonesian Islamic Law, Jakarta, Sinar Graphics.
Alwi, Hasan, et al, t.th, Big Indonesian dictionary, t.tp: Balai Pustaka.
Andri, Muhammad., 2020 "Reconstruction of Alternative Dispute Resolution (ADR) as an alternative resolution of divorce disputes in the Religious Courtsjustice-based”, Doctoral Dissertation, Semarang: Sultan Agung University.
Anwar, Etin., 2021, Islamic feminism genealogy, challenges and prospects for Indonesia, Bandung: Mizan.
Arifin, Johar., 2017, “The High Number of Divorce Lawsuits in Religious CourtsPekanbaru and its Relevance to the Concept of Gender Equality”, Marwah Journal: Journal of Women, Religion and Gender, Vol. 16 No. 2, 2017.
Arikunto, Suharsimi., 2013, Parktik Approach Research Procedures, Jakarta: PT. Rineka Cipta.
Armansyah., 2019, "Marital Rape as a Reason for Divorce in Islamic Law Perspective of Detik Finance, "TKI Second Largest Contributor of Foreign Exchange", link. https://finance.detik.com/berita- Ekonomi-bisnis/d-1368136/tki-sumbang-devisa-terbesar-kedua- diaskes on 27 May 2022. Puku. 05.24 WIB.
Dewi, Gemala., 2005, Procedural Law for Religious Courts in Indonesia, Jakarta: Kencana
Dillah, Philips., Suratman., 2020, Legal research methods, Cet. IV, Bandung: Alphabeta.
Directorate of Development of Religious Courts, 2000, Republic of Indonesia Presidential Instruction No. 1 of 1991 Compilation of Islamic Law in Indonesia, Jakarta: Department of Religion of the Republic of Indonesia.
Djazuli, A., 2016, Rules of FiqhIslamic Law Jurisprudence PrinciplesIn Solving Practical Problems, Jakarta: Prenamemedia Group.
Dutc east indies, regeerings almanac voor nederlandsch-indie 1942 Batavia: Landsdrukkerij, accessed via linkhttps://id.wikipedia.org/wiki/Keresidenan, on June 5, 2022
Effendi, Satria., 2010, Problems of Contemporary Islamic Family Law, Jakarta: Kencana Prenada Media group.
Eirin, Grace., “The Meaning of the Proverb Big Psalm Than Pole”, linkhttps://bobo.grid.id/read/083057121/arti-peribahan-besar-pasak-daripada-tiang-besertan,accessed on June 7, 2022
Engineer, Asghar Ali., 2009, Islam and Liberation Theology (Translation), Yogyakarta: Student Library.
Esram, Juramadi., 2019, “Reconstruction of Policies for Handling the Return of Indonesian Migrant WorkersProblematic (PMI-B) Based on Values of Dignified Justice”, Doctoral Dissertation: Law Doctoral Program, Sultan Agung University Semarang.
Fakih, Mansour, 2000, Fiqh as a Paradigm in Sharia Epistemology: Looking for a New Format of FiqhIndonesia, Yogyakarta, Student Library.
Fakih, Mansour, 2013,Gender Analysis& Social Transformation, Yogyakarta, Student Library.
Ijtihad Maqasidhi”, Doctoral Dissertation, Postgraduate UIN Syarif Kasim Riau.
Center for Islamic Studies, 2009, Becoming Gender FairYogyakarta Family Diversity Manifesto, Yogyakarta: Center for Islamic Studies, Indonesian Islamic University.
Qibtiyah, Alimatul., 2020, Direction of the Muslim Feminist Movement in Indonesia "Inauguration speech for professor in the field of Gender Studies", Yogyakarta: UIN Sunan Klaijaga Yogyakarta.
Soekanto, Soejono., 1983, Several Legal Issues in the Development Framework in Indonesia, Yogyakarta: UII Press
Published
2023-12-30
How to Cite
Khoirul Anam. (2023). GENDER PERSPECTIVE OF THE PARTIES IN THE FAMILIES OF FEMALE MIGRANT WORKERS IN THE RELIGIOUS COURT OF THE EX-KADIRI RESIDENTIAL COURT. INTERNATIONAL SEMINAR, 5, 210-231. https://doi.org/10.36563/proceeding.v5i0.117