Dede Permana, Abdel Kader Naffati, Ahmad Jamaludin Jambunanda
{"title":"通过 Nawal El Saadawi 的作品对埃及家庭法的批判","authors":"Dede Permana, Abdel Kader Naffati, Ahmad Jamaludin Jambunanda","doi":"10.32505/qadha.v11i1.8530","DOIUrl":null,"url":null,"abstract":"The history of family law reform in Islamic World can’t be separated from contributions of the thoughts of the Islamic scholars from time to time. One of them is Nawal el Saadawi's contribution through her criticism of family law in Egypt. This article aims to discuss some of Nawal's criticisms based on two questions. First, what is Nawal el Saadawi's criticism of family law in Egypt? Second, what solution does Nawal offer to realize a family law that - she calls - is just? By answering both of the questions, it is hoped that this study will provide inspiration for academics and legal practitioners in their efforts to find a gender-just family law format. The method used in this research is qualitative with library research, namely by examining library sources that are relevant to the research theme. The results of this research are, first, material in Egyptian family law relating to divorce procedures, polygamy, bait at tho'ah, living and hadhanah, which Nawal considers is still discriminatory towards women. This discrimination occurs because the state ignores patriarchal culture in society. Second, in Nawal's view, efforts to realize just family law must be started from strengthening the principle of freedom of thought among Islamic scholars and legal practitioners.","PeriodicalId":286237,"journal":{"name":"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan","volume":"63 11","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Critiques Towards Family Law in Egypt Through the Work of Nawal El Saadawi\",\"authors\":\"Dede Permana, Abdel Kader Naffati, Ahmad Jamaludin Jambunanda\",\"doi\":\"10.32505/qadha.v11i1.8530\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The history of family law reform in Islamic World can’t be separated from contributions of the thoughts of the Islamic scholars from time to time. One of them is Nawal el Saadawi's contribution through her criticism of family law in Egypt. This article aims to discuss some of Nawal's criticisms based on two questions. First, what is Nawal el Saadawi's criticism of family law in Egypt? Second, what solution does Nawal offer to realize a family law that - she calls - is just? By answering both of the questions, it is hoped that this study will provide inspiration for academics and legal practitioners in their efforts to find a gender-just family law format. The method used in this research is qualitative with library research, namely by examining library sources that are relevant to the research theme. The results of this research are, first, material in Egyptian family law relating to divorce procedures, polygamy, bait at tho'ah, living and hadhanah, which Nawal considers is still discriminatory towards women. This discrimination occurs because the state ignores patriarchal culture in society. Second, in Nawal's view, efforts to realize just family law must be started from strengthening the principle of freedom of thought among Islamic scholars and legal practitioners.\",\"PeriodicalId\":286237,\"journal\":{\"name\":\"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan\",\"volume\":\"63 11\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-07-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.32505/qadha.v11i1.8530\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.32505/qadha.v11i1.8530","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
伊斯兰世界家庭法改革的历史离不开伊斯兰学者不时的思想贡献。 纳瓦尔-萨达维(Nawal el Saadawi)对埃及家庭法的批评就是其中之一。本文旨在基于两个问题讨论纳瓦尔的一些批评。首先,纳瓦尔-萨达维对埃及家庭法的批评是什么?第二,纳瓦尔提出了什么解决方案来实现她所谓的公正的家庭法?希望通过对这两个问题的回答,本研究能够为学术界和法律从业者提供启发,帮助他们找到一种性别公正的家庭法形式。本研究采用的方法是图书馆定性研究法,即查阅与研究主题相关的图书馆资料。这项研究的成果首先是埃及家庭法中与离婚程序、一夫多妻制、"to'ah "诱饵、生活和 "hadhanah "有关的材料,Nawal 认为这些材料仍然歧视妇女。Nawal 认为,这些法律仍然歧视妇女。之所以出现这种歧视,是因为国家忽视了社会中的父权文化。其次,Nawal 认为,实现公正家庭法的努力必须从加强伊斯兰学者和法律从业人员的思想自由原则开始。
Critiques Towards Family Law in Egypt Through the Work of Nawal El Saadawi
The history of family law reform in Islamic World can’t be separated from contributions of the thoughts of the Islamic scholars from time to time. One of them is Nawal el Saadawi's contribution through her criticism of family law in Egypt. This article aims to discuss some of Nawal's criticisms based on two questions. First, what is Nawal el Saadawi's criticism of family law in Egypt? Second, what solution does Nawal offer to realize a family law that - she calls - is just? By answering both of the questions, it is hoped that this study will provide inspiration for academics and legal practitioners in their efforts to find a gender-just family law format. The method used in this research is qualitative with library research, namely by examining library sources that are relevant to the research theme. The results of this research are, first, material in Egyptian family law relating to divorce procedures, polygamy, bait at tho'ah, living and hadhanah, which Nawal considers is still discriminatory towards women. This discrimination occurs because the state ignores patriarchal culture in society. Second, in Nawal's view, efforts to realize just family law must be started from strengthening the principle of freedom of thought among Islamic scholars and legal practitioners.