The development of fiqh munaka?ah (marriage jurisprudence) material course in madurese islamic universities and its relation with gender equality and divorce prevention

Abstract

Explanation of Law 1/1974, number 4 point e, obviously accentuates the principle of complicating divorce. It requires specific reasons beyond the lawsuit and, in line with article 115 of KHI (Kompilasi Hukum Islam; Islamic Compilation Book), obliges the process to take place in the court trial. This implies that divorce needs prevention from the whole parties both persons and institutions, including Islamic universities. Islamic universities have both academic and social responsibilities to prevent divorce due to their strategic duties and function in community development and empowerment, specifically for spreading knowledge. This research aims to identify how far Madurese Islamic universities perform their roles and function by designing fiqh munaka?ah (marriage jurisprudence) materials for students as prospective husbands and wives. It focuses on whether the materials get developed and are compatible with gender equality and divorce prevention efforts. Using a qualitative approach particularly its phenomenological type, this study took place in three Madurese Islamic universities. It revealed that the latest development of fiqh munaka?ah materials are still mostly about the normative perspective from classical fiqh literature with very little relevances to either gender equality spirit or divorce prevention effort.