Abstract
This study aims to determine the legal protection of women who are forced to marry according to Islamic law and human rights. The method used in this research is descriptive qualitative with a normative legal approach, namely by analyzing the problem through data from the legal literature. The results of the research found that the marriage law in Indonesia does not recognize the right to consent, on the contrary, the law requires the consent of both parties to enter into a marriage with pleasure without coercion. This is based on the Law of the Republic of Indonesia Number 39 of 1999 concerning Human Rights and Marriage Law Number 1 of 1974. Once the reinterpretation of the right to ijbar is considered objective because this concept is based on the form of protection and responsibility in choosing one's life partner.
Highlights
Everyone has the right to choose his/her life partner on his behalf without coercion by others (Hafidzi & Hayatunnisa, 2018)
In Islam, the concept of known ijbari is, so the question arises how is the legal situation for women who are forced to marry? Does Indonesia have legal protection against women who are forced to marry?. This writing was conducted based on the results of research on several library materials in the form of statutory regulations and various pieces of literature, documents, papers, theses, and other scientific works related to forced marriage
Definition of Marriage Based on article 2 chapter II of the Book I Compilation of Islamic Law (HKI), it is stated in its definition: "Marriage according to Islamic law is a marriage that is a very strong contract or mistaqon gholidhan to obey Allah's commands and carry it out is worship"
Summary
Everyone has the right to choose his/her life partner on his behalf without coercion by others (Hafidzi & Hayatunnisa, 2018). Islamic teachings never teach coercive behavior (ikraah) and discriminate against others. Even in Islam, it considers the values of equality (al-musawah) and freedom (al-hurriyah) in solving problematics Everyone has the right to take legal actions as long as he can be responsible, and someone's freedom to claim that right can be limited by the rights of others. The religious teachings contained in both the Qur'an and Hadith always contain transcendent and permanent elements and can adjust to any place and time. Some humans only interpret these verses textually, these verses should be interpreted contextually when conveyed to others (Muslih, 2016, p. 257)
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