Negotiating Justice for Muslim Women in Banyumas District: Study of Dissolution of Marriages Due to Domestic Violence

Abstract

A large number of divorce cases at the Banyumas Religious Court and the Purwokerto Religious Court were filed because of domestic violence. However, the Religious Courts did not use domestic violence as the basis for granting the divorce suit. In its ruling, the court only states that the grounds for divorce are constant quarrels. The increasing number of divorce cases indicates a change in gender relations and power relations between husband and wife in domestic life. The people of Banyumas generally have bilateral or parental kinship characteristics, and women are equal to men. This is in accordance with the Penginyongan culture, which places each individual in an egalitarian way. The husband-and-wife relationship model in Banyumas is senior-junior partner, namely the wife's position is not only as a complement to her husband, but also as a friend, because the wife makes an economic contribution even though the main breadwinner is still the husband. However, patriarchal culture also applies in such a kinship system, so that the husband has more power than the wife because of her position as the main breadwinner. Because of the weak position of women, the Religious Courts serve as the only place for Muslim women to seek justice in order to stop violence against themselves and resolve their domestic conflicts. Filing for divorce has allowed women to be active agents in determining their marital status.