Dinamika Hukum Keluarga Islam dan Isu Gender di Iran: Antara Pemikiran Elit Sekuler dan Ulama Islam

Fathonah K. Daud, Aden Rosadi
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引用次数: 2

Abstract

This article examines the dynamics of family law in the Islamic Republic of Iran where there are upheavals and struggles between the secular elites and ulama from 1927 to the present day. This study applied a library research by digging up information related to the theme of the study. The results of this study indicate that the Islamic Republic of Iran is dominantly Shia Imamiyyah (Jafari) but it also accommodates the Hanafi (Sunni) School in the field of marriage law. Iranian family law has gone through many changes. Since 1928 the issue of divorce and marriage which was originally regulated in Irans Qanun Madani came into force in 1930, the Marriage Law was then enacted in 1931. After three decades, in 1967 there was a reformation, the Marriage Law was replaced by the Family Protection act, then it was replaced with the Protection of Family in 1975. These laws are a combination of Islamic Law and French civil Jurisprudence, though they seem more secular. However, since the Iranian Revolution in 1979, these laws have been abolished and all laws in Iran have been returned to sharia law. As a result, the laws become repressive against women, except in the field of inheritance which provides gender equality. While there have been many highly educated women in Iran, since 2006 many women have filed for divorce. On the other hand, the practice of mutah marriage has begun to be abandoned and polygamy is opposed by the community.
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本文考察了伊朗伊斯兰共和国家庭法的动态,从1927年到现在,世俗精英和乌拉玛之间发生了动荡和斗争。本研究采用图书馆研究的方法,挖掘与研究主题相关的资料。这项研究的结果表明,伊朗伊斯兰共和国主要是什叶派伊玛目派(贾法里派),但在婚姻法领域也接纳了哈纳菲派(逊尼派)学派。伊朗的家庭法经历了许多变化。自1928年以来,离婚和婚姻的问题,最初是由伊朗的Qanun Madani规定的,于1930年生效,婚姻法于1931年颁布。三十年后,1967年进行了改革,《婚姻法》被《家庭保护法》取代,然后在1975年被《家庭保护法》取代。这些法律是伊斯兰法和法国民事法理学的结合,尽管它们看起来更世俗。然而,自1979年伊朗革命以来,这些法律被废除,伊朗的所有法律都恢复了伊斯兰教法。其结果是,法律对妇女具有压迫性,但在继承权领域提供了两性平等。虽然伊朗有很多受过高等教育的女性,但自2006年以来,许多女性提出离婚。另一方面,mutah婚姻的习俗已经开始被抛弃,一夫多妻制遭到社会的反对。
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来源期刊
CiteScore
1.10
自引率
0.00%
发文量
11
审稿时长
6 weeks
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