{"title":"性别歧视与妇女诉诸司法:印度尼西亚伊斯兰司法机构中的女权审判","authors":"Iim Halimatusa’diyah , Windy Triana","doi":"10.1016/j.wsif.2024.102883","DOIUrl":null,"url":null,"abstract":"<div><p>Sexism in the judicial system is a persistent problem in countries where women frequently are held to a different moral standard than men. As such, some advocates and legal experts argue that feminist judging practices are necessary for ensuring women's access to justice. While many studies focus on the effect of sexism on gender inequality in politics, the extent to which sexism may lead to further gender inequality in the judiciary remains understudied. Additionally, much research on feminist judging relies on qualitative data from trial or court transcripts to determine judges' approaches, but quantitative examinations of feminist judging are still few. Drawing on a mixed methods sequential explanatory approach, our study examines how sexism contributes to shaping the support for feminist judging in the Indonesian Islamic judiciary. We use several cases of polygamy, marriage dispensation, divorce involving domestic violence, and post-divorce alimony as proxies to measure the support for feminist judging. The findings show that hostile sexism is not statistically associated with the support for feminist judging, but benevolent sexism facilitates judges' support for feminist approaches. Female judges are more likely to support feminist judging than male judges.</p></div>","PeriodicalId":47940,"journal":{"name":"Womens Studies International Forum","volume":"103 ","pages":"Article 102883"},"PeriodicalIF":1.5000,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Sexism and women's access to justice: Feminist judging in Indonesian Islamic judiciary\",\"authors\":\"Iim Halimatusa’diyah , Windy Triana\",\"doi\":\"10.1016/j.wsif.2024.102883\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>Sexism in the judicial system is a persistent problem in countries where women frequently are held to a different moral standard than men. As such, some advocates and legal experts argue that feminist judging practices are necessary for ensuring women's access to justice. While many studies focus on the effect of sexism on gender inequality in politics, the extent to which sexism may lead to further gender inequality in the judiciary remains understudied. Additionally, much research on feminist judging relies on qualitative data from trial or court transcripts to determine judges' approaches, but quantitative examinations of feminist judging are still few. Drawing on a mixed methods sequential explanatory approach, our study examines how sexism contributes to shaping the support for feminist judging in the Indonesian Islamic judiciary. We use several cases of polygamy, marriage dispensation, divorce involving domestic violence, and post-divorce alimony as proxies to measure the support for feminist judging. The findings show that hostile sexism is not statistically associated with the support for feminist judging, but benevolent sexism facilitates judges' support for feminist approaches. Female judges are more likely to support feminist judging than male judges.</p></div>\",\"PeriodicalId\":47940,\"journal\":{\"name\":\"Womens Studies International Forum\",\"volume\":\"103 \",\"pages\":\"Article 102883\"},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2024-03-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Womens Studies International Forum\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0277539524000219\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"WOMENS STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Womens Studies International Forum","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0277539524000219","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"WOMENS STUDIES","Score":null,"Total":0}
Sexism and women's access to justice: Feminist judging in Indonesian Islamic judiciary
Sexism in the judicial system is a persistent problem in countries where women frequently are held to a different moral standard than men. As such, some advocates and legal experts argue that feminist judging practices are necessary for ensuring women's access to justice. While many studies focus on the effect of sexism on gender inequality in politics, the extent to which sexism may lead to further gender inequality in the judiciary remains understudied. Additionally, much research on feminist judging relies on qualitative data from trial or court transcripts to determine judges' approaches, but quantitative examinations of feminist judging are still few. Drawing on a mixed methods sequential explanatory approach, our study examines how sexism contributes to shaping the support for feminist judging in the Indonesian Islamic judiciary. We use several cases of polygamy, marriage dispensation, divorce involving domestic violence, and post-divorce alimony as proxies to measure the support for feminist judging. The findings show that hostile sexism is not statistically associated with the support for feminist judging, but benevolent sexism facilitates judges' support for feminist approaches. Female judges are more likely to support feminist judging than male judges.
期刊介绍:
Women"s Studies International Forum (formerly Women"s Studies International Quarterly, established in 1978) is a bimonthly journal to aid the distribution and exchange of feminist research in the multidisciplinary, international area of women"s studies and in feminist research in other disciplines. The policy of the journal is to establish a feminist forum for discussion and debate. The journal seeks to critique and reconceptualize existing knowledge, to examine and re-evaluate the manner in which knowledge is produced and distributed, and to assess the implications this has for women"s lives.