The Urgency of Grouping Nash into Objective & Temporal in
Ensuring Justice for Women
Khoirudin Nasution
1
and Syamruddin Nasution
2
1
Sunan Kalijaga State Islamic University, Yogyakarta, Indonesia
2
Sultan Syarif Kasim State Islamic University, Pekanbaru
Keywords: women, justice, equality, nash, objective/deconstructive, temporal/reconstructive.
Abstract: Five indicators are indicating that one of Islam's renewal missions is to elevate the status of women to be
equal to men and to obtain equal justice between men and women. The first, pre-Islamic Arabs prioritizing
men that is converted by Islam into an equal status of men and women. Secondly, pre-Islamic men may marry
as much as possible regarding numbers and ways. Islam changes it into a monogamous principle. Thirdly,
pre-Islamic Arab men divorce their wives at the same level as marriages. Islam converts it to a parallel status
between men and women, where men have divorce rights while women have the right of khuluk. Fourth, pre-
Islamic Arab women are inherited by their husbands, as a property. Islam convertes it to male and female in
the right to inheritance. Fifth, women become a source of family embarrassment which tradition showed that
they had to be buried when they were born. Islam convertes it by banning such tradition. Unfortunately, the
rights of women’ justice has not been in line with the mission of Islamic renewal. This paper seeks to show
the urgency of grouping the texts into Nash Objective on one side and Nash Temporal on the other.
1 INTRODUCTION
Five indicators are indicating that one of Islam's
renewal missions is to elevate the status of women to
be equal to men and to obtain equal justice between
men and women. The five indicators are first, pre-
Islamic Arabs prioritizing men that is converted by
Islam into an equal status of men and women.
Secondly, pre-Islamic men may marry as much as
possible regarding numbers and ways. Islam changes
it into a monogamous principle. Thirdly, pre-Islamic
Arab men divorce their wives at the same level as
marriages. Islam converts it to a parallel status
between men and women, where men have divorce
rights while women have the right of khuluk. Fourth,
pre-Islamic Arab women are inherited by their
husbands, as a property. Islamconvertes it to male and
female in the right to inheritance. Fifth, women
become a source of family embarrassment which
tradition showed that they had to be buried when they
were born. Islamconvertes it by banning such
practice.
In neither theory nor practices, the rights of
women have not been in line with the mission of
Islamic renewal. One of the sources of why it has not
been synchronized between theory and reality is the
method of understanding the Qur’an and Sunnah of
the Prophet Muhammad (nash), as a source of Islamic
renewal. Nash as a source of Islamic renewal is not
understood by the method of Islamic renewal itself.
Islam uses two methods of renewal, i.e.,
deconstructive (objective) and reconstructive
(temporal). Unfortunately, the method of
understanding the nash as a source of Islamic
teachings is not in line with these two methods. The
grouping of nash has been done by some experts
(thinkers, ‘ulama, scholars, experts), but not to show
the role and synchronization with the Islamic renewal
method.
This paper aims to show how the role of a
grouping of texts of nash becomes deconstructive &
reconstructive in ensuring justice for women while
protecting them from discriminatory treatment,
following the Islamic reform mission. Islam provides
a guarantee of justice for women but only in the
concept formulated by some experts. Regarding the
practices in the community, there is no guarantee that
women will be treated equally.
For this purpose, the systematic discussion after
the background begins with the proof that Islam aims
Nasution, K. and Nasution, S.
The Urgency of Grouping Nash into Objective Temporal in Ensuring Justice for Women.
DOI: 10.5220/0009930915111518
In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 1511-1518
ISBN: 978-989-758-458-9
Copyright
c
2020 by SCITEPRESS Science and Technology Publications, Lda. All rights reserved
1511
to renew and ensure justice for women (wives) in
family life and abolish discriminatory treatment. The
following discussion shows the originality of the nash
groupings and the description concept of grouping
nash by some experts.
2 JUSTICE IN IN THE LIFE OF
THE HOUSEHOLD
One of Islam’s renewals is to elevate the status, rights,
and roles of women. Islam comes placing women
equal to men. Five indicators can be recorded to prove
this mission. Islam also emphasizes equality among
fellow human beings, regardless of sex, regardless of
color, regardless of race and ethnicity, and the like.
The five indicators are as follows.
First, the proclamation of the Qur’an, that the
element that distinguishes one from another is the
quality of taqwa (atqâkum) and its good work (‘amal
al-s}aleh}), as mentioned in some verses of the
Qur'an and sunnah Prophet Muhammad SAW.
Among these are mentioned in al-Hujurat (49): 13,
and al-Mu’min (40): 40. In al-Hujurat (49): 13 states,
O people, indeed We created you from a man and a
woman and made you nations and tribes so that you
knew each other. Surely the noblest of you in the sight
of Allah is the one who has the most fear among you.
Verily Allah is the Knower. In al-Mu’min (40): 40
states, Whoever does evil deeds, he will not be
rewarded but equal to that evil. And whosoever does
good deeds both men and women while he is in a state
of faith, then they will go to heaven, they are given
sustenance in it without reckoning. Many verses of
the Qur'an show good works (‘amal al-s}aleh}) as the
basis for differentiation and class appointment
between one person and another, not male and
female.
A number of these verses can also be the basis that
Islam gives equal opportunity to (line) men and
women to be the best (atqâ and ah}san), Islam does
not put men’s (line) first, Islam does not put women
in the second either.
The second indicator, Islam aligns men and
women namely, the monogamous principle of Islamic
marriage; a woman has a husband as a spouse, and a
man has a wife as a life partner. It is by this
monogamous marriage that is most likely to achieve
the purpose of marriage; build a happy family;
happiness for the whole family; husband, wife, and
child. Meanwhile, polygamy (husband has more than
one wife) provides opportunities for the creation of
husband happiness over the suffering of a wife and/or
children. If that happens then, the purpose of marriage
is not achieved. Therefore, what states in al-Nisa’ (4):
3 is only a solution to the problems facing Muslims at
the time. This conclusion can easily be taken by
looking at the verse of al-Nisa' (4): 1-3 completely.
The permissibility of polygamy mentioned in this
verse is contextual and emergency. The emergency
here is a social emergency, that is, many orphans and
widows need protection, not personal emergencies
such as biological needs. Al-Nisa’ (4): 1-3, O people,
fear your Lord who created you from one self, and
from him God created his wife; and than both of them
God multiplied many men and women. And fear
Allah who with (using) His name you ask each other,
and (maintain) the relationship of friendship. Verily
Allah always watches over you. And give to the
orphans their wealth, do not exchange the good with
the bad and do not eat their wealth with your wealth.
Indeed the actions (exchanging and eating), are great
sins. And if you are afraid you will not be able to do
justice to the (rights) of orphaned women (if you
marry them), then marry the (other) women you like:
two, three or four. Then if you are afraid you will not
be able to do justice, then (marry) only one, or the
slaves you have. That is closer to not doing
persecution.
The third indicator that Islam aligns men and
women is, women are given the right divorce, khulu’.
More precisely when the verses of the Qur’an and
Sunnah of the Prophet Muhammad who discussed the
process of resolving family problems, it is clear that
Islam only gives the right to divorce initiation. The
right to divorce initiation is given to the husband and
wife because there are complicated issues in family
life. The divorce decision is not the absolute right of
the husband, nor the absolute right of the wife, but it
is decided upon whom the neutral (judge), as
mentioned in al-Nisa’ (4): 35. Al-Nisa’ (4); 35 states,
And if you are worried about a dispute between the
two, then send a arbitrator (hakam) from the family
of a man and a arbitrator (hakam) from a female
family. If the two arbitrator (hakam) people intend to
make repairs, surely Allah will give the husband and
wife a favor. Verily Allah is the Knower, the Knower.
Fourth, women have inheritance rights as the man
does. The Qur'an forbids and condemns the practice
of pre-Islamic Arab societies that make women
property rights, equal to the rights and possessions of
other inheritable objects. Similarly, Islam forbids
children to marry a stepmother as if a child inherits
his stepmother, as stated in al-Nisa’ (4): 22, And do
ICRI 2018 - International Conference Recent Innovation
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not marry women who have been married to your
father, except in the past. Surely this act is very cruel
and hated by Allah and as bad as the way (taken
).
Fifth, the Qur’an condemns the traditions of pre-
Islamic Arab societies that kill female children for the
reason of shame and considered a family burden, as
stated in al-An‘am (6): 151 and al-Takwir (81): 8-9.
In al-An‘am (6): 151 states, and do not kill your
children for fear of poverty. In al-Takwir (81): 8-9
states, when female babies buried alive are asked.
because of sin whether he was killed.
Briefly, we can see the Islamic renewal from first,
the patriarchal system which puts men in superior
while women in inferior. Islam renews it by putting
both man and woman into parental form, aligning
men and women. Second, unlimited polygamy
renewed by Islam become monogamy. Third, women
have no right to divorce is renewed by Islam by
granting equal rights of divorce initiation for
husbands and wives. Fourth, women who become the
subject of inheritance isrenewed by Islam by
becoming heirs who are entitled to inheritance equals
men. And last, women who are the source of family
embarrassment is renewed by Islam into equal
women and have equal opportunity with men to be
the best. Thus, from these five indicators it is clear
that Islam renews the status and role of women and
aligns them with men.
The concept of equality between men and women
and have equal opportunity with men which renewed
by Islam can be found with thematic and contextual
studies. Conversely, when using partial studies, the
concept of equality is not found. Unfortunately, the
majority of thinkers still use partial studies in
examining the Qur'an and the sunnah of the prophet
Muhammad as a source of Islamic teachings. Only a
small number of thinkers have used thematic and
contextual studies. This partial study is the main
reason for the emergence of concepts that
discriminate against women. In summary, partial
studies are the main cause of the birth of a concept
that has not guaranteed Islamic reform for women.
The second reason why Islam seems marginalize
women (wives) in family life, and not to give equal
positions to men (husbands), and there is no guarantee
of justice for women (wives) is a number of
statements in the Qur’an and the sunnah of the
Prophet Muhammad. A number of verses of the
Quran and the sunnah of the Prophet put women
(wives) in a marginal position and there is no
guarantee of justice.
The third reason in terms of the concept of why
women (wives) do not have equal positions with men
(husbands) is the result of studies that do not pay
attention to history and social context. The study of
the Qurran and the Sunnah of the Prophet is carried
out purely based on the text, not paying attention to
the context, both historical context and social context.
The fourth reason is to embrace a patriarchal
Muslim culture into the understanding of thinkers. So
that the understanding of texts is not purely Islamic
teachings, but also includes the culture of the thinker.
The fifth reason is Islamic studies that are too
stressful and based on pure religion, do not consider
or use concepts or theories of other sciences, such as
theories born from sociology, anthropology, history
and the like (Mernissi, 1991).
The six, embrace a patriarchal Muslim culture into
the understanding (istithna’, exception), both these
specificities are easily understood because there is a
clear and unequivocal historicity, as well as being
understood by the way of serious study, namely by
way of an integral and inductive understanding of the
related texts.
The seven, take the law as a legal product from the
stipulation of law based on siyâsah al-Syar‘îyah, or
saddu al-zarî‘ah (preventive efforts) into a general
and substantial provision. That is, the determination
of the law based on the consideration of siyâsah al-
syar‘îyah or saddu al-zarî‘ah. The result of this case
is the loss of legal substance. That is, the law is
substantially tertiary, or otherwise tertiary law
becomes substantial law.
The eight, factor of the ruler, where the ruler
supports a concept that matches the tastes of the ruler,
while the concept that is not in line with the wishes of
the ruler is removed. Included in the context is entry
of the role of power or authority in interpreting texts.
As a result of the entry of the interests of power, the
concept emerged that marginalized women (wives).
In summary, there are at least eight main reasons
why a woman (wife) is in a marginal position and
does not get a guarantee of justice. Those are partial
studies, some Quranic verses show the
marginalization of women, studies do not pay
attention to history and social context of the nash,
studies are too stressful and based on pure religion,
embrace a patriarchal Muslim culture into the
understanding of Islam, take the law as a legal
product from the stipulation of law based on
preventive efforts into a general and substantial
provision, and entry of the role of power or authority
in interpreting texts.
The Urgency of Grouping Nash into Objective Temporal in Ensuring Justice for Women
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3 THE POLITICAL CONTEXT
It is a common view that Islam uses two methods of
renewal, i.e., deconstructive and reconstructive. First,
the method of deconstructive renewal is renewal by
completely changing the old law and practice and
then replacing it with new laws and practices.
Secondly, the method of reconstructive renewal,
which means patching up the embroidered laws and
practices that existed in Arab society before Islam.
The consequence of Islam using two methods
renewal, then the Qur’an and sunnah of the Prophet
Muhammad, as a source of Islamic teachings (nash),
by itself contain two types of teachings. It is in this
context that the necessity of grouping of nash into two
groups, namely deconstructive nash (objective nash)
and reconstructive nash (temporal nash).
Grouping nash has been done by some scientists
ranging from the classical era to the contemporary
era. In the study of the methodology of discovering
Islamic law (Us}ûl al-Fiqh, istinbât} al-h}ukm), in
linguistic analysis (lughā) is found the grouping of
texts, which are generally grouped into two; ‘âmm
and khâs}s}, mut}laq and muqayyad, etc (Khallâf,
1971). While in the analysis of law objectives
(maqâs}id) found two groupings as well; the ultimate,
the principal goal (maqâs}id al-us}ulîyah) and the
branch purpose (maqâs}id al-far‘îyah). There is also
an other two groups, that is a final destination
(maqâs}id) on one side, the instrument(wasâ’il) on
the other side (Ibn ‘Asyur, 2001). Similarly, the
grouping of nash became the Makkiyah and
Madaniyah, of muhkamat and mutasyabihat, nasikh
and mansukh, and aike in the study of tafsîr (‘ulûm
al-tafsîr) (Denver, 1983).
As a development in the field of interpretation and
contrast to the general understanding of Makkîyah
and Madanyah theories, Mahmud Muhammad Taha
makes another grouping, namely Makkiyah as the
principle verse (us}ûl), Madaniyah as the branch
verse (furû‘). This new grouping developed and
became the basis for al-Naim to formulate Islamic
law that is more in line with contemporary demands
(an-Naim, 1990).
The concept of an-Naim is very different from the
concept of scientists in general. The initial concept
and the general view of scientists is that Makkiyah
and Madaniyah are grouped into three. First, a
concept based on the period of the revelation of the
Quran; some went down in Makkah, some went down
in Medina. So the verses that came down in Makkah
were grouped into verses of Makkiyah, while the
verses that came down in Medina were grouped into
Madaniyah verses. Second, the concept is based on
the time, there is a period of Mecca, there is a period
of Medina. So even though the revelation came down
not in Mecca, but in the lifetime of the prophet and
Muslim in Makkah, this verse was classified as a
Makkiyah verse. Likewise the Madaniyah verse, the
verse that descended in the period of the prophet and
the Muslims lived in Medina. So that even though the
verse is not in Medina, but in the Madaniyah period,
it is called Madaniyah verse. Third, grouping based
on the contents of the revelation; revelation which
contains for all humans, Muslims or not, is included
in the Makiyah verse, while the revelation which
contains only Muslims (mukminin) is grouped in the
Madaniyah verse (Tim, 2017). An-Naim took the
third group, based on the contents of the revelation.
In addition, the meaning based on the content used by
an-Naim is different from the general concept of
scientists. Generally scientists argue, it is the
Madaniyah verse that applies to Muslims (believers).
Instead, for An-Naim it is precisely the Makkiyah
verse that applies, because now Muslims live in their
respective countries (nation states) not Muslim
countries. Even though there are countries that call
Muslim countries, they are Islamic countries in the
country, not all Muslims.
Rahman's distinction between general law and a
temporal law is found in various statements. For
example, as stated above, Rahman observed,
"Nevertheless there is a dire need for a hermeneutical
theory that will help us understanding the meaning of
the Qur'an as a whole so that both the theological
section of the Qur'an and its ethical and ethic-legal
parts become a unified whole"( Rahman, 1982). In
this statement, we find the term ethical for general
law and ethic-legal for a temporary law.
Rahman also stated, “If we look at the Qur’an, it
does not in fact give many general principles: for the
most part it gives solutions to and rulings upon
specific and concrete historical issues; but, as I have
said, it provides, either explicitly or implicitly, the
rationales behind these solutions and rulings, from
which one can deduce general principles”(Rahman,
1982). This quotation contrasts the general principle
or general law and solution or ruling or temporary
law.
As far as the characteristics of the Quranic verses
concern, al-Haddad (Salem, 1984) distinguishes
between (Khallâf, 1971)eternal principles or
universal norms, such as the credo of unity, ethical
requirements, justice and equality, which apply at all
ICRI 2018 - International Conference Recent Innovation
1514
times, and in all places; and (Ibn ‘Asyur, 2001) those
precepts dependent upon human contingencies and
social context, particularly as they relate to conditions
in the Jahiliya (pre-Islamic) period in Arabia (Salem,
1984). Al-H{adda>d argues that for a better
understanding of the book (the Qur'an), and his
central thesis is the importance of historical context.
Similarly, Asghar Ali Engineer distinguishes between
statements in the Qur’an which are normative and
those who are contextual(Engineer, 1992).
Furthermore, Ismail Faruki gave different names
with the same basis: ethics and casuistic-cosmic (al-
Faruqi, 1962);John L. Esposito with ethico-religious
and socio-economic (Esposito, 1982);Abdul Aziz
Sachedina (Sachedina, 2003) with thick and thin
norm; Masdar F. Mas‘udi used Us}u>l al-Fiqh term,
qat}‘i> and muh}kamât for normative, while z}annî
and juz’îyah for contemporary (contextual) (Mas'udi,
1997).
The characteristics of each are then explained
further by Masdar F. Mas‘udi:the characteristics of
normative nashare that the content is universal,
principle, fundamental, and not depend on a specific
context; time, place, situation, and such. The
characteristics of temporal nash, on the other hand, is
that the content is stated in detail, applicable
andpracticable, and the application is depended on a
context: time, place, situation and such. In other
words, a temporal law is applicable in daily life
(practical law [
]).
The grouping of texts by a number of scientists
mentioned above can be seen as clearly out of sync
and not in line with the method of Islamic renewal.
Herein lies the importance of the grouping carried out
in this paper, namely grouping the nash into
deconstructive text and reconstructive text. Although
the characteristics of deconstructive text are similar to
normative texts and reconstructive texts are similar to
the temporal nash, but with deconstructive and
reconstructive distinctions in accordance with and in
line with the method of renewal brought by Islam.
The second basis why is important to group the nodes
to be deconstructive and reconstructive related to the
method of understanding texts; which is different
between deconstructive nash and reconstructive one.
The method of understanding deconstructive text is
first to formulate the law in accordance with the
context; times and circumstances, to achieve the goal
of law. While reconstructive text is done by searching
first what the purpose of the law is. Then after
knowing the purpose of the law, then the law is
formulated in accordance with the context. So the
method of formulating a deconstructive text is just
one step, while reconstructive text takes two steps.
Furthermore, the characteristics of the
deconstructive and reconstructive nash are similar to
those presented by Masdar F. Masudi. Based on these
characteristics, the Nash who governs family life,
especially the nash that governs the relationship of
husband and wife, generally is classified in
reconstructive nash. Nash referred to is as follows.
First, that men have inheritance rights more than
double inheritance rights of women, as mentioned in
al-Nis’ (4): 11. Secondly, that male testimony is
equal to twice the female testimony, as mentioned in
al-Baqarah (2): 282. Third, that the husband seems to
have an absolute right of divorce, while the wife is
not, as can be concluded from al-Baqarah (2): 226-
231. Fourth, that there are different treatments to
respond to inappropriate behavior by the husband or
wife, where if the wife is indecent, the remedial step
is given a warning, even if the warning does not
succeed, a husband can hit his wife as mentioned in
al-Nis’ (4): 34, while a violating husband is
encouraged a husband and wife to be reconciled, as
mentioned in al-Nis’ (4): 128. It is even explicitly
mentioned in the Quran that husbands have a surplus
of one degree compared to wives, as mentioned in Al-
Baqarah (2): 228, and the husband has the status of a
leader (qawwm), as mentioned in al-Nis’ (4): 34.
Al-Nis’ (4): 11, Allah has ordained for you about
(your inheritance for) your children. Namely: the
share of a boy is equal to two daughters. Al-Baqarah
(2): 282, And testify with two witnesses from the men
among you). If there are no two men, then (may) a
man and two women from the witnesses you are
pleased with, so that if someone forgets then another
person reminds him. Al-Nis’ (4): 128, And if a
woman is worried about nusyuz or an indifferent
attitude from her husband, then there is no reason for
both of them to hold true peace, and peace is better
(for them) even though man is miserly in character,
and if you hang out with your wife well and take care
of yourself (from nusyuz and indifference), then
verily Allah is the Knower of what you do. Al-
Baqarah (2): 228, And women have equal rights to
their obligations according to a meaningful way. But
husbands have one level of strength over their wives.
The reason why the quality of husband and wife
in household life has not been achieved, and the right
to justice for the wife is not guaranteed in the daily
reality, are found five actors. The first actor is a
religious teacher; teachers in formal and informal
institutions. The second actor is the speaker and / or
The Urgency of Grouping Nash into Objective Temporal in Ensuring Justice for Women
1515
ustadz. The third actor is a community leader. The
fourth actor is a judge in court. Each of these actors
has their own mass. The explanation of each actor can
be explained briefly as follows.
First, the role of religious teachers, that religious
teachers in formal and informal education play an
important role in ensuring the equality of husbands
and wives in household life and providing social
security for women (wives). Teachers play an
important role since they become role models for
students. The guidance given by the teacher to
students occurs almost in all aspects of life; speech,
behavior and character. Furthermore, the influence of
teachers on students is very imprinted, because
transformation occurs at a productive age in memory
formation and behavior. School age is the most
productive age in shaping and remembering students.
The influence of teachers on students in formal
education runs from the elementary level (elementary
school), even from kindergarten until the level of
college or university. In the twelve years for primary
and secondary education, the role of the teacher
influencing the views and practice of students is
certainly very large and influential. Moreover, when
it comes to the level of higher education in
universities, the teacher's influence is even greater. It
is at this time that students are influenced by teachers
in their views, attitudes and behavior, which generally
do not provide concepts and behaviors that provide
equality to men (husbands) and women (wives).
Likewise, what happens in informal education,
such as courses, short cours, and the like. Teachers in
informal institutions also do the same thing and there
is a process similar to what happens in formal
education. No different from what happens in non-
formal education at home, carried out by parents.
What is conveyed by parents is generally determined
by the preachers and Ustadz.
Second, the role of the preacher. The role of the
preacher influences the views, beliefs and behavior of
the people is undoubtedly very large and influential.
Because the preacher have the opportunity that is not
less great than the teacher at school. Preacher
influence people's views, beliefs and behavior,
through routine lectures; daily, weekly, monthly and
yearly. Likewise the speakers disseminate their
views, beliefs and behavior through incidental
lectures, such as in commemoration of Islamic
holidays, such as the anniversary of the birth of the
prophet (maulid Nabi), commemoration of the
hijriyah new year, commemoration of Isra’ mi'raj,
and others. Likewise the preacher conveyed their
views, beliefs and behavior through Friday sermons,
Eid al-Fitr and Eid al-Adha. There are still other
moments that are in fact very effective in influencing
people's views, beliefs and behavior. In other words,
the role of the preacher is not inferior to the role of
the teacher in educational. The only difference is the
object; The teacher has the object of students and
students, while the preacher has the object of the
general public
Therefore, preacher has transformed belief,
knowledge and behavior for the general public. The
views, belief and behaviors of society are very much
determined by the views and practices of the
preacher. Preachers who are generally religious
teacher status are referrals of the community in their
daily lives. What the community will do is generally
referred to the lecturer and / or religious teacher.
Third, community leaders, and in many cases also
refer to the community in opinions and behavior, and
generally the views and behaviors of community
leaders are influenced by the preacher.
The fourth, the role of the judge in the court, that
the judge clearly determines whether or not the
equality between husband and wife is reached and
there is a guarantee of justice for the wife. In deciding
the case in court, the Judge has actually provided
legislation that generally has accommodated an
egalitarian view between husband and wife, and
guarantees justice for the wife. But the facts on the
ground, there are still many judges who are still
ambiguous in applying what is available in the
legislation. Most judges still have the same views as
the majority of the people. So it is not surprising that
the decisions given in court are still discriminatory for
women (wives). In addition, there are actually two
positions of judges in the community, namely judges
who formally decide cases in court, and community
referral figures in solving problems in daily life
outside the formal court. These two roles are certainly
very important and big. However, his views, which
are still largely discriminatory, have resulted in a
strengthening of discriminative public views.
In summary, these four main figures play a role in
ensuring equality between husband and wife, and
whether or not justice is guaranteed for the wife.
Unfortunately, the majority of the of these figures still
hold partial views on the teachings of Islam.
With the presence of the four actors mentioned
above, and they mutually reinforce each other. As a
result, the views, beliefs and behaviors are
discriminatory and do not guarantee equality for men
(husbands) and women (wives), and there is no
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1516
guarantee of justice for women. As if this view, belief
and behavior is correct. This condition at the same
time resulted in very difficult to change the views,
beliefs and behavior of the community.
Thus to conform with the Islamic renewal
objectives, this reconstructional texts of the nash need
to be understood by the objectives of Islamic renewal.
Some scholars understood many reconstructive texts
by the objectives of Islamic renewal, but have been
rejected by majority Muslim, including the judge in
the court for not being consistent with their
understanding as conventional speech implied in the
books. Hence, sociologically it is needed a continuous
socialization effort to the community. The more
people and media used to disseminate the
deconstructive concept the faster the concept of
deconstruction is accepted by society. As for the
method that it used to understand reconstructive nash
so in line with the mission and purpose of the renewal
of Islam is by the historical background
understanding of the nash.
While the causes of these actors have views that
are not yet in line with Islamic reform, put women
equal with men and guarantee for women (wife) there
are at least 3. First, the books that are available and
read as their reference referral actors that contain
concepts that marginalize women (wives), have not
guaranteed equality and have not guaranteed justice
for wife. Second, the references that provide the
concept of equality and guarantees of rights for
women (wives) are still very limited. Likewise the
reference that provides the concept of equality of
husband and wife and guarantees of wife's rights are
written in Latin, not Arabic. While the community
feels less certain when the reference is written in
Latin, non-Arabic.
In relation to the religious life of the general
public, they are still more confident and fit when
referring to books written in Arabic, even though the
writing is only the work of ordinary people. On the
other hand the work written in Latin is
underappreciated, less trusted, even though the
writing is the fruit of the work of great people. So
psychologically speaking, Latin and Arabic writing
influence the trust and stability of society.
The advice to accelerate the birth of gender
awareness, equality between husband and wife and
guaranteed right of justice for the wife. First, multiply
activities and media that can change the views and
paradigms of the actors mentioned above. Among the
activities that can be done are seminars, workshops,
talk shows, discussions, Focus Group Discuss (FGD)
and the like. While the media that can be used are
mass media, TV media, radio media, and other media.
Second, increase the number of writings that provide
the concept of equality guarantee and guarantee the
right of justice for the wife. Third, write and
reproduce gender perspective references written in
Arabic.
4 CONCLUDING REMARK
Deconstructive nash renews women's status and
position in equal with men. However, there is a
reconstructive nash that still places male in superior
and women in inferior, and includes the texts that
govern the relationship of husband and wife in
domestic life. Many thinkers have grouped the texts
into two groups, but no grouping has been based on
Islamic reform methods, namely deconstruction, and
reconstruction. This paper breaks it down according
to the renewal method. There have been many
reconstructive nash that have been understood as a
deconstructive nash by some thinkers. Generally
people unfortunately still reject the concept, including
judges in the court. The reason is that the concept is
not in line with their understanding which is also
written in the current books that are the source of their
reading. In order to accept the deconstruction concept
more quickly then it takes more media and people
who promote and socialize the concept of
reconstructive one. This paper is one of it. Hopefully,
it will be more media and paper from many different
people who interested in women issues, especially
putting women in an equal position with men based
on deconstruction concept.
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