Relasi Suami Istri dan Pelanggengan Patriarki (Nikah Misyar dalam Perspektif Gender)

Abstract

This article discusses misyar marriage from a gender perspective. As a form of marriage that is different from marriage in general. Misyar marriage is a marriage in which there is an agreement between husband and wife to eliminate some rights and obligations. In the traditional fiqh (classical sharia) realm, rights and obligations are important components of a marriage, while in misyar marriages they are negated. In this research it is assumed that misyar marriage is a marriage that only perpetuates a patriarchal culture. Through this marriage model, men increasingly have the opportunity to commit injustice to women. This article also describes the opinions of the scholars regarding misyar marriage and the paradigms used. Then, the discussion in the article is presented with a gender perspective that goes hand in hand with the reform of Islamic law in the Muslim world.