Domestic Violence as a Consequence of Nusyuz Under the Islamic Law and Legislation of Indonesia (original) (raw)
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The law Number 23 of 2004 on the elimination of violence in household outlaws violence occurred within domestic sphere or is committed by relatives such as husband. Even though the law can be considered an improvement in gender discourse within Indonesia, there are still many flaws to be put forward, especially from gender perspective. On the other side, the law encounters controversy since some Muslims regard it a violation to Islamic values. This paper analyzes the law from two perspectives; gender and Islam. From gender perspective, this law is a gender-aware policy and therefore can be regarded as a positive development in struggles over women's rights. From Islamic perspective, the law actually is actually in accordance to principles and values in Islam since Islam prohibits violence and ensures protection on women's rights. To sum up, in spite of certain shortcomings, the law is actually a remarkable achievement in struggles over the improvement of women condition. In ...
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