Maslahah Analysis On The Value Of Gender Equality In The Empowerment Of Women's Rights In Indonesian Legal Rules
DOI:
https://doi.org/10.29240/negrei.v5i2.13024Keywords:
Gender, Equality, Maslahah, LawAbstract
The purpose of this research is to answer how to analyze the value of gender equality in the empowerment of women's rights in Indonesian legal rules. The research method used in this study is a qualitative research method with the measuring point of the problem is the Indonesian legal rule regarding women's rights that have elements of gender equality. This research is descriptive because the data collected is in the form of texts, words or descriptions derived from literature and literature studies. By analyzing laws and regulations, related to women's empowerment and protection rights. The results of the research found are that so far positive legal rules in Indonesia already have a gender equality value, as can be seen from several women's rights that have been accommodated by several laws such as political rights, legal rights, rights to protection in the world of work and so on. The maslahah seen in the above findings is maslahah mursalah, on the grounds that these regulations are not contrary to the sharia'. The benefits for women in Indonesia's positive rules whose existence is not supported by sharia and is not canceled or rejected by sharia through detailed evidence. However, it is supported by a collection of meanings from the Qur'an and hadith.
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