Critical Study of Sharia Regional Regulations on Women's Emancipation

Abstract

Sharia regional norms include Islam's dominant status, the principle of regional autonomy, and the Constitution of Indonesia, which served as its foundation. This is because several Sharia regional restrictions, such as the need to wear the headscarf and the ban on curfews for women, are discriminatory against women. This study aims to (1) determine whether or not regional governments have the ability to create Sharia regional laws and (2) identify the legal basis for Sharia regional regulations that do not allow for women's liberation. This study will be evaluated descriptively, using normative research with a statutory approach. Our findings indicate that Article 29 and Article 18 (paragraphs 1 and 2) of the Constitution provide the constitutional basis for the power to create Regional Regulations. Since the indications, constraints, and contents that Sharia regional rules may apply are not defined in the Indonesian legal system, the formulation of regional laws and their application remains controversial. Because of this, women may feel uneasy with the Sharia Regional Regulations. Furthermore, the Ministry has the authority to nullify contracts that violate regional Sharia norms that oppose and do not accommodate women's liberation. To better safeguard women's rights within the framework of Islamic law, the legal scholarship critical of Sharia regional restrictions and women's liberation is crucial. This study can significantly contribute to improving the legal framework and delivering gender equality and social justice by providing a critical analysis of rules and their implementation.