Kuasa Hak Ijbar terhadap Anak Perempuan Perspektif Fiqh dan HAM
Abstract: This article
discusses the rights of carers based on the opinions ijbar priest sect.
Authorization rights ijbar guardian provide more authority for a guardian to
marry off their daughters without first asking approval from the child. This is
because a guardian is considered the most knowledgeable people about what is
best for his daughter, so this happiness perspective formulated by the
guardian. Women are considered not proficient in formulating the best things
for him. Therefore, her consent is not a priority. In this case a gap between
girls and parents, where full power is finally monopolize the interests of
women. Right ijbar guardian has the potential to cause various kinds of
violence against women which was distanced from the goals of marriage itself.
Luckily the Marriage Law in Indonesia does not recognize the concept of rights
ijbar. Just as education in the pesantren, one of the institutions of informal
education, education curriculum was introduced that the materials are biased
patriarchy. Book uqud dul lujain for example, used as the principal study on
marriage presented with even marginalize women disproportionately.
Penulis: Arini Robbi Izzati
Kode Jurnal: jpperadabanislamdd110133