The 9th Association of Philosophy of Law Conference just held in Faculty of Law Universitas Sriwijaya, Palembang. This event was conducted from Monday (24/06/2024) until Tuesday (25/06/2024) with the theme “Law and The Threat on The Death of Democracy”. In this conference, Dr. Khotibul Umam from Islamic Law Department was taking his opportunity to attend as a speaker in one of the panel in the conference.
Khotibul Umam presented the material at the Panel 6 with the subtheme “Reality and the Gender Equality Prospect in Philosophy of Law Perspective”. On his material with the theme “Mubadalah Perspective in Marriage Law and Islamic Inheritance Law Text Reading For Implementing Gender Equality and Justice”, he explained that the mubadalah perspective is closely related with equality and justice as the perennial discourse in philosophy of law. Linked to “reading” and “gender equality and justice”, an epistemological and axiological analysis of legal regulations in the field of Islamic marriage and inheritance law becomes a necessity. The reading on the marriage and Islamic inheritance law reading in mubadalah (Qira’ah Mubadalah) perspective is in a form of UUP and KHI that showing the relationship between man and woman in the marriage relationship and inheritance relationship. The reading literally tend to create gender inequality and injustice, therefore, the mubadalah perspective with the elements ofreciprocity,equality,cooperation, andpartnershipcan be applied in providing a fresh and gender-sensitive interpretation, such as marriage proposals, polygamy, marriage age, guardians and witnesses in marriage, dowry, position and obligations of husband and wife, nusyuz, position of illegitimate children, children's obligations to parents, post-divorce waiting time, reconciliation, as well as the share of women's heirs half of men's and heirs outside of marriage.
Writer: Khotibul Umam
