non-Muslim Men Research Articles

Analisis Yuridis Putusan No.87/Pdt.G/2020 PN.Bdg Tentang Perceraian yang disebabkan Salah Satu Pihak Pindah Agama di Pengadilan Negeri Bandung

Marriage cannot be separated from the religious aspect, especially when Law No.1 of 1974 concerning Marriage emphasizes the importance of the religious aspect in the conditions for the validity of a marriage as regulated in Article 2 paragraph (1) "Marriage is valid, if it is carried out according to the laws of each religion and his beliefs", confirmed by MUI fatwa Number 4/MUNAS/VII/- MUI/8/2005 that Muslim women are prohibited from marrying non-Muslim men or Muslim men are prohibited from marrying women from people of the Book, in the Bandung District Court Decision. Number: 87/Pdt.G/2020/PN.Bdg, there was a divorce case that was caused by one of the parties changing religion. The formulation of the problem discussed in this thesis is: 1. Judge's Considerations in Deciding Divorce Case No.87/Pdt.G/2020 PN.Bdg which was caused by one of the spouses changing religion at the Bandung District Court and the legal consequences of divorce caused by one of the spouses Changing Religion in Bandung District Court. The research method used is a normative juridical method, namely research based on the study of documents which can be in the form of books or other literature, especially in this research, namely the Bandung District Court Decision Number: 87/Pdt.G/2020/PN.Bdg. From the results of the research, the judge's considerations regarding divorce in case No.87/Pdt.G/2020 PN.Bdg which was caused by one of the spouses changing religion at the Bandung District Court, is in the case where the plaintiff has converted to Islam and insists on filing for divorce on the grounds of his new religion. not allowed. In accordance with the Fatwa of the Indonesian Ulema Council Number 4/MUNAS VII/MUI/8/2005 concerning interfaith marriages, it is stipulated that interfaith marriages are haram and invalid. In addition, disputes, quarrels and quarrels often occur continuously due to differences of opinion and belief, which result in the division of joint assets, maintenance and maintenance for the survival of their children, regarding child custody (hadhanah) and the settlement of marital assets. resolved separately from the divorce suit he filed.

Interfaith marriage in Islam: a feminist approach toward the Qu'ranic ethics of Islamic marriage

According to Islamic law regardless of the school of thought, intermarriage is prohibited, except in the case of a Muslim man marrying a scriptural woman (Kitabiya). A Muslim woman may not marry a non-Muslim man, while a Muslim man may marry a non-Muslim woman (people of the book, including Christianity and Judaism). For Muslim scholars, there is a room for exception in which Muslim women may marry non-Muslim men, and this exception can occur only under one condition: the convergence of non-Muslim men into Islam. However, Feminist scholars and thinkers such as Asma Barlas 2002, Asma Lamrabat 2016, and Amina Wadud 1999 argued that these rules seem more restrictive to both Muslim women and non-Muslim men who wish to marry, and that the arguments used by Muslim thinkers and often adopted and followed by ordinary Muslims to justify the continued acceptance of these rules are incompatible with women’s rights and freedom. For them, Muslim women should have a marital choice similar to their Muslim male counterparts. The goal of this research paper is to critically discuss the sources from which this rule is derived, and the process through which it is interpreted by feminist thinkers and Muslim scholars.

PANDANGAN KEPALA KANTOR URUSAN AGAMA (KUA) MELAWI TERHADAP FENOMENA PERNIKAHAN BEDA AGAMA DI KABUPATEN MELAWI

The purpose of this study was to find out: 1) To find out the views of the head of the office of religious affairs (kua) melawi on interfaith marriages between Muslim men and non-Muslim women. 2) To find out the views of the head of the office of religious affairs (kua) Melawi on interfaith marriages of non-Muslim men and Muslim women. Primary data source Head of Religious Affairs Office (KUA) Melawi. This study uses interview data collection techniques. Meanwhile, data analysis by reducing the very basic things is then summarized to be presented in the form of a narrative. So that it can be concluded, the data is also checked for validity by triangulating sources. The results showed: 1) The views of the head of the Office of Religious Affairs (KUA) Melawi on interfaith marriages, where Muslim men marry non-Muslim women, namely that there are those who state that it is not permissible based on QS Al-Baqarah 221, Law Number 16 of 2019 Amendments to Law Number 1 of 1974, the Compilation of Islamic Law, and the 2005 MUI Fatwa concerning interfaith marriages. In addition, there are also those who say that marriage is permissible as long as it is with an ahlul Kitab based on QS Al-Maidah 5, and the jurists of 4 schools of law allow interfaith marriages with an ahlul Kitab. 2) The view of the head of the Office of Religious Affairs (KUA) melawi on interfaith marriages for non-Muslim men marrying Muslim women. All heads of KUA Melawi agree that interfaith marriages for Muslim men marrying non-Muslim women are illegal and unlawful based on QS Al-Baqarah 221, QS Al-Mumtahanah 10, Law No. 16 of 2019 Amendments to Law No. 1 of 1974, the Compilation of Islamic Law, and the 2005 MUI Fatwa on interfaith marriages.

Hukum Islam dan Hukum di Indonesia tentang Pernikahan Beda Agama

This research aims to examine the perspective of Islamic law regarding interfaith marriage. The method used is qualitative, with a comparative approach. In the study of Islamic law, interfaith marriages are classified into three categories: marriages between Muslim men and polytheistic women; Muslim man's marriage to ahlulkitab woman; and the marriage of Muslim women to non-Muslim men. Regulatively, interfaith marriages in Indonesia do not have legal force, because Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law as positive law has prohibited interfaith marriages. Therefore, the Office of Religious Affairs and the Civil Registry will not carry out administrative records of interfaith marriages.

Intimacy and Race in Late Soviet Central Asia

Intimacy and Race in Late Soviet Central Asia

PERNIKAHAN BEDA AGAMA DI INDONESIA DITINJAU DARI HUKUM ISLAM DAN HAK ASASI MANUSIA (HAM)

According to Islamic law, interfaith marriages are not permitted because they involve differences in faith. Based on the MUI fatwa Number: 4/MUNAS VII/MU/8/2005 which was issued as a result of the Second National Deliberation on 26 May to 1 June 1980 which determined that marriage between different religions is haram, the reasons are: a. Al-Qur'an Surah Al-Baqarah verse 221 explains that it is forbidden for Muslim men to marry non-Muslim women until they become believers. Apart from that, it also explains that it is forbidden for guardians to marry women under their responsibility to non-Muslim men. b. Al-Quran Surah Al-Mumtahanah verse 10 explains that believing men should not maintain their marriages with non-Muslim women, as well as non-Muslim women should be returned to Muslim men, because their marriages are forbidden by Allah. c. Al-Qur'an Surah Al-Tahrim verse 6 commands believers to guard and protect themselves and their families from the fire of hell. d. The words of the Prophet Muhammad SAW narrated by Imam Al-Tabarani taught that marriage is half of the teachings of religion. And we are instructed to be careful of the rest. e. The words of the Prophet Muhammad SAW narrated by Ibn. Al-Sura'i who taught about the importance of teaching religious education for parents to their children. Law Number 39 of 1999 concerning Human Rights in Indonesia, there is an explanation about freedom of religion, there is also freedom to marry and continue offspring, as stated in Article 10 paragraph (1 ) which states that every person has the right to form a family and continue their offspring through legal marriage. Thus, the right to carry out a marriage is limited by the Marriage Law. Meanwhile, in Article 2 of the Marriage Law, a valid marriage is a marriage carried out based on their respective religions and beliefs. This article is often seen as a prohibition against interfaith marriages, because marriages must be carried out according to their respective religions and beliefs, whereas it is impossible for one marriage to be carried out with two religious ceremonies. Therefore, in carrying out an interfaith marriage, one party should follow the religion of the other party. Religious freedom in Indonesia cannot be fully implemented, because there has been coercion by the institution of marriage on someone to embrace a certain religion in order to carry out a marriage. Keywords: Interfaith marriage, Islamic law, human rights

REALITAS PERNIKAHAN BEDA AGAMA PERSPEKTIF IBNU HAZM

Islam emphasizes the virtue of finding a partner who is of the same religion. However, the reality in society is that interfaith marriages are still carried out by Muslims with non-people of the book. Responding to the interfaith marriage, Ibn Hazm allowed if the marriage was carried out by Muslims and people of the book. This study uses a qualitative method (library research). With the results: 1. Muslim women are not allowed to marry non-Muslim men either from among the polytheists or the people of the book. Muslim men may marry non-Muslim women from among the people of the book only. On the grounds that the people of the scriptures are not polytheists, because the religion of the people of the scriptures does not have any teachings about shirk. 2. In the Indonesian context, the opinion of Imam Ibn Hazm cannot be applied. Because interfaith marriages, especially Muslim men with Christian women, are feared to be a means of Christianizing Muslims and there are many benefits and harms than benefits for both parties and their descendants

:World Medievalism: The Middle Ages in Modern Textual Culture

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MENYELISIK HUKUM PERNIKAHAN BEDA AGAMA DALAM Al-QURAN

Interfaith marriages, that often occur because of love, ignores the legal aspects, whereas marriage is not only about love, but is also related to law. This article discusses the interpretation of Al-Qur'an in Surah Al-Baqarah verse 221 and other related verses, regarding the law of interfaith marriage. This verse shows that religion does not allow Muslim women to marry non-Muslim men; polytheists and scribes. It is also illegal to marry a polytheist woman, whether it is a pagan, Buddhist, or atheist. As for the law of Muslim men marrying people of the book (Jews and Christians) who still adhere to the scripture, the fiqh experts are divided into two groups. The first group argues that Muslim men can marry people of the book. The second group argues that it is unlawful to marry people of the book.

Inter-Religious Marriage: A Controversial Issue in Indonesia

Different religious marriages we often encounter during society especially among the affluent and celebrities. This kind of marriage has been done by Muslim men married to non-Muslim women or otherwise Muslim women married to non-Muslim men. Sometimes in response we only follow the understanding of some people who greatly glorify freedom in all fields (Liberal), although it is in terms of a very private as well as religion. In a liberal sense the beliefs of religious differences in marriage are not a problem. Liberalism is a notion that requires the freedom of individuals in all fields. This study is intended to analyze the legal basis of inter-religious marriage or mixed marriage in Indonesia. This study highlighted and found that inter-religious marriage is become complicate problem when trying to determine some basic rights, including the property, child, and the others.

Effectiveness of Voluntary Medical Male Circumcision for Human Immunodeficiency Virus Prevention in Rakai, Uganda.

The efficacy of voluntary male medical circumcision (VMMC) for human immunodeficiency virus (HIV) prevention in men was demonstrated in 3 randomized trials. This led to the adoption of VMMC as an integral component of the United States President's Emergency Plan for AIDS Relief (PEPFAR) combination HIV prevention program in sub-Saharan Africa. However, evidence on the individual-level effectiveness of VMMC programs in real-world, programmatic settings is limited. A cohort of initially uncircumcised, non-Muslim, HIV-uninfected men in the Rakai Community Cohort Study in Uganda was followed between 2009 and 2016 during VMMC scale-up. Self-reported VMMC status was collected and HIV tests performed at surveys conducted every 18 months. Multivariable Poisson regression was used to estimate the incidence rate ratio (IRR) of HIV acquisition in newly circumcised vs uncircumcised men. A total of 3916 non-Muslim men were followed for 17 088 person-years (PY). There were 1338 newly reported VMMCs (9.8/100 PY). Over the study period, the median age of men adopting VMMC declined from 28 years (interquartile range [IQR], 21-35 years) to 22 years (IQR, 18-29 years) (P for trend < .001). HIV incidence was 0.40/100 PY (20/4992.8 PY) among newly circumcised men and 0.98/100 PY (118/12 095.1 PY) among uncircumcised men with an adjusted IRR of 0.47 (95% confidence interval, .28-.78). The effectiveness of VMMC was sustained with increasing time from surgery and was similar across age groups and calendar time. VMMC programs are highly effective in preventing HIV acquisition in men. The observed effectiveness is consistent with efficacy in clinical trials and supports current recommendations that VMMC is a key component of programs to reduce HIV incidence.

Circumcision Tradition (Reconstruction of Knowledge From Circumcision Practice in Non-Muslim Men in Medan)

This research aims to discuss non-Muslim men's knowledge about circumcision practices that have done both pieces of knowledge about the meaning of circumcision and how to circumcision. Besides, to know various reasons, they practice circumcision. The method used is an ethnographic method with in-depth observation and interview techniques, by jumping directly into the research field at Sunatan House and Dr. Pirngadi Hospital Medan. The result of the study is that non-Muslim men interpret circumcision as cutting the tip of the penis, which can clean the impurities attached to the end of the penis and avoid various diseases. While the reason they commit circumcision is categorized into two categories, namely health and culture.

Religious freedom between international law and Tunisia’s legal order

This paper aims to clarify about Religious freedom in the legal Tunisian framework. It emphasizes Tunisia’s choice as a secular state which separates civil state and religion.&#x0D; Moreover, it highlights the Tunisian exceptionality in its legal achievements in this area, and emphasizes on what differentiates Tunisia from other Arab countries, regarding this protection, especially on - Family status and women rights’ related matters. Namely this paper will focus on the last reforms aiming to allow the Tunisian Muslim woman to marry non-Muslim men and to establish inheritance equality between men and women. These new decisions are still controversial for a society divided between progressive Democrats and regressive Islamists.

Imperialist Feminism and Islamic Law

Abstract This article presents three arguments about defects in imperialist feminism. First, I show that imperialist feminists engage in decontextualized comparisons: they consistently compare Western women to the Muslimwoman, without comparing Muslim men and women or comparing non-Muslim men and women. These inconsistent comparisons are the source of significant misrepresentations of Muslim women. Second, I propose that imperialist feminists view Muslim women through the heteronormative male gaze. That is, when imperialist feminists assess Muslim women’s practices, they implement the normative assumptions of heterosexual males in the West. Third, I argue that imperialist feminists incorrectly presume that Western women enjoy full autonomy or fail to recognize that women everywhere do not enjoy full autonomy. I present medieval Islamic legal ideas about a wife’s right to sexual fulfillment as evidence that the liberal myth of autonomy is not translatable to orthodox Islamic jurisprudence.

The Inter-Religious Marriage in Islamic and Indonesian Law Perspective

The phenomenon of inter-religious marriage is problematic, controversial, and resulted debate among Muslim and non-Muslim relationship in Indonesia. It also not only becomes the social conflict among Muslim and non-Muslim couples, but also pro and contra among the others such as family and society. In the classical Islamic marriage law discourse (fiqh al-munakahat), there are two kinds of inter-religious marriage, namely marriage between Muslim men with non-Muslim women and marriage between non-Muslim men with Muslim women. Some Muslim scholars said that Muslim men allowed marrying non-Muslim women and non-Muslim men prohibited marrying Muslim women, which the reason is based on the concept of polytheists and the group of experts (Kitabiyyah). In contrast, some Muslim scholars in Indonesia rejected inter-religious marriage based on the reason that it has been changed and regulated under Marriage Law Number 1 of 1974 and President Regulation Number 1 of 1991 on Islamic Law Compilation. One the one hand, the phenomenon of inter-religious marriage is an interesting phenomenon in the society and on the other hand it will become the legal implication to the inheritance and children care rights in Islamic and Indonesian law perspective. Therefore, the aim of this paper is to examine comprehensively about the legal status of inter-religious marriage in Islamic and Indonesian law perspective, including its legal implication to the inheritance and children care rights.

Male Circumcision for HIV and STI Prevention: A Reflection.

Circumcision is one of the oldest surgical procedures, dating from the Neolithic age (Fig. 1). It is widely practiced throughout the world for religious reasons (e.g., Muslims and Jews), as part of traditional cultures among tribal groups in Africa (e.g., Kikuyu in Kenya) and in Melanesia, and for medical reasons both preventive and therapeutic. The majority of procedures are performed in infancy or childhood, but in some cultures circumcision is part of initiation rituals marking the transition from adolescence to adulthood (e.g., Xhosa of South Africa). Fig. 1. Neolithic circumcision, the unkindest cut. Since the 1990s, the Rakai Health Sciences Program has worked on male circumcision for prevention of HIV and other sexually transmitted infections (STIs) through a series of studies conducted in rural Rakai district of south-central Uganda. This reflection summarizes our work, progressing from observational studies, clinical trials, assessment of effectiveness in programmatic settings, and implementation science to improve efficiency and cost-effectiveness. To better understand the biologic effects of circumcision, we also assessed penile histopathology, immunology, and the microbiome. These and other studies have established circumcision as a major component of HIV prevention strategies in sub-Saharan Africa (1) and have affected policies in the US (2). Early epidemiologic studies suggested that male circumcision was protective against cervical cancer in female partners of Jewish men, but there was debate as to whether this was owing to lower sexual risk behaviors among Jewish women and men than among couples of other religious denominations or whether the protection reflected a biologic effect of the procedure (3). Similar questions of potential confounding by differential risk behaviors were raised early in the HIV epidemic when it was observed that Muslim men had a lower risk of HIV acquisition than non-Muslim men (4). This differential risk of HIV could reflect Islamic practices such as polygamy with closed sexual networks or …

‘You all look the same’: Non-Muslim men who suffer Islamophobic hate crime in the post-Brexit era

Existing research on Islamophobic hate crime has examined in detail the verbal, physical and emotional attacks against Muslims. However, the experiences of non-Muslim men who suffer Islamophobic hate crime because they look Muslim remain ‘invisible’ in both official statistics and empirical research. Drawing on data from qualitative interviews with 20 non-Muslim men based in the United Kingdom, we examined their lived experiences of Islamophobic hate crime. Interviews were transcribed and analysed using thematic analysis. A deductive approach to thematic analysis was adopted to analyse participants’ narratives, and six overarching themes were developed: (1) nature of Islamophobic hate crime; (2) triggers of Islamophobic hate crime; (3) impact of Islamophobic hate crime; (4) reporting incidents, responses and barriers to Islamophobic hate; (5) victims’ coping strategies; and (6) recommendations on tackling the problem. Our findings show that participants experienced Islamophobic hate crime because of ‘trigger’ events, namely the Brexit vote, Donald Trump’s presidency and ISIS-inspired terrorist attacks in European countries such as France, Germany, Sweden and the UK. Participants described being verbally and physically attacked, threatened and harassed as well as their property being damaged. The impacts upon victims included physical, emotional, psychological and economic damage. These experiences were also damaging to community cohesion and led to polarization between different communities in the UK.

Analysing Oral Accounts of Women Survivors of 1947 Migration

This paper analyses forty narratives by Muslim women survivors of 1947 migration from East to West Punjab. The respondents were interviewed for their most precarious experience during the migration. The narratives could be divided into three phases, i.e., pre eviction, eviction and journey phase with violence being a permanent and continuous feature of all the three phases. The narrators endured physical and psychological violence as they were attacked and massacred massively. One reason for these attacks may be that the women represent family honour in the subcontinent and therefore attacking, kidnapping or raping them means abasing the whole rival community. The paper explores the ideology behind protecting or exploiting women to safeguard or damage the honour and pride of the Muslim community by the Muslim and non-Muslim men, respectively. Finally, the women’s volition for suicide and honour killing substantiate the argument that the women stood for familial and communal chastity and pride. Women’s apparently passive and honour bound role bears great impact in determining the repute of their family andreligious community at large. Keywords: Migration, partition, women, violence, resistance

Self-selection of male circumcision clients and behaviors following circumcision in a service program in Uganda.

Sub-Saharan African countries have substantially scaled-up safe male circumcision (SMC) services. However, it is unclear whether services are reaching men most at risk of HIV and whether there is behavioral disinhibition after SMC. We compared characteristics of SMC acceptors and nonacceptors in Rakai, Uganda. Cohort design. Through the Rakai Community Cohort Study, baseline characteristics of 587 non-Muslim men who subsequently accepted SMC were compared with those of 4907 uncircumcised non-Muslim men. Behaviors after SMC were compared with those of men who remained uncircumcised. Poisson multivariable regression was used to estimate adjusted prevalence rate ratios of behaviors in circumcised versus uncircumcised men. At baseline (pre-SMC), men subsequently circumcised were younger (mean = 26.1 years), as compared with the uncircumcised (mean = 28.5 years, P < 0.001), more likely to live in urban areas (21.1 versus 12.4%, P < 0.001), less likely to have been currently or previously married (36.5 versus 45.8%, P < 0.001) and more likely to report multiple sexual partners (48.3 versus 41.6%, P = 0.05) and genital discharge (7.4 versus 4.4%, P = 0.03). At follow-up (post-SMC), behaviors and genital discharge did not differ between the groups. Genital ulcers were less reported among circumcised (6.8%) compared with uncircumcised men (10.5%; adjusted prevalence rate ratios = 0.60, 95% confidence interval = 0.42-0.87, P = 0.007). In Rakai district, Uganda, the circumcision service program is attracting sexually active men at higher risk of HIV and we find no evidence of behavioral disinhibition following circumcision. The SMC program in this setting has the potential to reduce the HIV epidemic among men.

An Etiquette for Women: Women’s Experience of Islam in Muslim Spain

An Etiquette for Women: Women’s Experience of Islam in Muslim Spain Jessica A. Coope Correction: Due to a production error, volume 29 of Essays in Medieval Studies was released with the incorrect publication date of 2013 on the article title pages. The correct publication date is 2014. The prevailing version of Islamic law, or Sharī‘ah, in al-Andalus (medieval Muslim Spain) viewed women primarily in their roles as daughters and wives. A woman was a good Muslim if she was obedient and stayed within her domestic role. In addition to those social restrictions, the law limited women’s religious expression by for example discouraging them from going to mosque to participate in public worship, and by making the ḥajj or pilgrimage to Mecca optional for women instead of mandatory as it was for men. The legal sources give us a version of medieval Islam that was intent on limiting women to their function as subordinate family members, and did not provide much outlet for spirituality. Other sources, however, show us a different picture. To begin with, legal rules designed to keep women subordinate to men were not always observed in practice. Notary forms suggest that, in a direct contradiction of Islamic law, a woman could use her marriage contract to impose conditions on her husband, including prohibiting him from taking a second wife. As far as religious expression is concerned, anecdotes in chronicles and literature show us women participating in officially unsanctioned religious events, like public prayer in cemeteries. The tradition of Sufism, or Islamic mysticism, which spread to al-Andalus in the 1100s, was more open to women’s participation than normative Islam, and the Sufi Ibn al-‘Arabī (d. 1240) writes with admiration about women mystics. Muslim women’s experience of Islam in al-Andalus, both as a code of conduct and as an outlet for spirituality, was more complex and flexible than the legal sources suggest. This essay focuses first on the normative religious discourse about women, and then on other sources that suggest the official rules were not always applied as written. The religious norms are articulated in the two major compendiums of legal opinions from the Mālikī school of Islamic law, the school that was dominant in al-Andalus: the Muwaṭṭa’, and the Mudawwanah al-Kubrā, compiled in the late [End Page 75] eighth and early ninth centuries.1 Another important legal source is a work by the ninth-century Andalusī legal expert Ibn Ḥabīb. His Etiquette for Women, or Adab al-nisā’, presents his interpretation of how women should comport themselves to conform with Sharī‘ah.2 The next part of the essay, which discusses how Sharī‘ah’s official views on women were sometimes undercut, will refer primarily to marriage contracts and mystical texts. Manuela Marín and Gloria López de la Plaza, to name just two scholars of women’s history in al-Andalus, have demonstrated that women’s true experience of Islam in Muslim Spain, although powerfully shaped by Sharī‘ah, was in fact more varied than we might expect from reading only normative sources.3 This article builds on their work by offering some new perspectives on Islamic law, in particular by comparing the status of Muslim women to that of non-Muslim men living under Islamic rule, and by bringing in a number of fresh examples of women’s piety outside of Sharī‘ah. Part I: Women in Sharī‘ah Medieval Sharī‘ah’s concept of legal status was similar in its basic assumptions to other pre-modern codes, including Roman and Persian law, which were two of the major sources for Islamic law as it developed in the eighth and ninth-century Middle East. It belongs to a group of legal systems in which only men in the dominant social group (in this case, free Muslim men) enjoyed full legal rights. In Sharī‘ah, only such men were fully “mukallaf,” or legally capable.4 Under Sharī‘ah and other pre-modern codes, groups outside of the fully privileged one--including members of other religions, foreigners (in some societies), slaves, women and minors--had diminished legal capacity, meaning that they had obligations and...