Perbedaan Manhaj Ulama dalam Fikih Perempuan Kontemporer dan Realitasnya di Indonesia

Abstract

The complexity of the problems and the reality of women in the modern era requires moslem scholars to establish actual and realistic legal solutions. This paper based on the fact that women’s fiqh thought are influenced by the characteristics of the clerics manhaj and their legal determining methods. Through the literature study method (library research) and the fiqh-uṣūl fiqh approach, this paper finds that there are three characters of the clerics manhaj in women’s fiqh, namely al-tasyaddud or al-ifrāṭī, al-tafrīṭ wa al-taḥallul, and al-wasṭ wa al-i’tidal. As for determining contemporary women’s fiqh law, the scholars use a method through a comprehensive analysis of legal texts, paying attention to maqāṣid al-syarī’ah, consideration of social context, and consideration of women’s psychological and social differences. Meanwhile in Indonesia, the reality of women’s activities has developed into practical politics world, resulting in various responses to fiqh ideas. It can be concluded that the problems of contemporary women’s fiqh are not free from differences of opinion among moslem scholars.