QANUN IN GENDER AND HUMAN RIGHTS PERSPECTIVES: AN INDONESIAN STUDY

Sari

Islam brings noble and ideal teachings sourced from God with the concept of the Qur'an and the example of implementation by the messenger of Allah in particular in raising the rank of women who have historically been marginalized to equal degrees and even seem more glorified. The ideal Islamic concept of gender is refracted because of two things: first, understanding of textual and dogmatic sources of law. Second, the acquisition of Muslims from the preachers who seemed patriarchal and and seemed to marginalize women in terms of material, so that returning the Muslims to gender bias in the era of ignorance before the arrival of patriarchal Islam and marginalizing women.

Laws made by the Indonesian government from the center to the level of village regulations are deemed not to prosper women, instead they seem unfriendly to women. This can be seen from the indicators used by the law that are symbolic and exploit the body of women, such as the obligation to cover the genitals, the obligation to veil, work in a closed area, so that the reconstruction of Islamic law is prosperous and just. Reconstruction of Islamic legal thought can use several principles as follows: Maqashid al-Shari'ah Principle, Principles of Fiqh Relativity, Thematic Interpretation Principles, Principles of Benefit (al- Maslahat), Principles of Equality and Gender Justice (al-Musawah al-Jinsiyah), Principles Plurality (al-Ta`addudiyyah), Principles of Nationality (al-Muwathanah) ,, Principles of Human Rights Enforcement (Iqamat al-Huquq al-Insaniyah), Principles of Democracy (al- Dimuqrathiyyah)