Prof. Nina Nurmila of FoE Redefines Islamic Law for Gender Equity

January 10, 2024

Contributor: Maroof Ahmed | Editor: Supriyono

UIII.AC.ID, DEPOK – In a profound lecture hosted by the Indonesian Student Association (ANUISA) of Australian National University (ANU), Prof. Nina Nurmila, Dean of the Faculty of Education (FoE) at Universitas Islam Internasional Indonesia (UIII), delved into the intricate relationship between Islamic law and gender roles, offering a fresh perspective on addressing the escalating divorce rates in Bandung, West Java, through a re-interpretation of Fiqh with an emphasis on gender equality and marital partnership.

Prof. Nurmila began by providing context to her research, which is a continuation of a project started in 2017 with Dr. Rachel Rinaldo and Dr. Eva Nisa. She expressed her gratitude for the support received from various individuals and institutions, including Prof. Greg Fealy and Dr. Sally White, among others, which facilitated her fellowship at ANU. This background set the stage for her insightful analysis of Islamic jurisprudence and its impact on modern societal issues.

Central to her argument was the critique of the traditional gender constructions idealized in Fiqh and Islamic Laws. “Muslims have a large collection of fiqh on marriage, which was adopted in the 1974 Marriage Law and the 1991 Compilation of Islamic Law (Kompilasi Hukum Islam/KHI),” said Prof. Nurmila. She elaborated on how these laws traditionally portray the husband as the family leader and provider, responsible for mahar (dower), nafkah (maintenance), maskan (shelter), and kiswah (clothing), while the wife’s role is predominantly domestic.

Prof. Nurmila argued that this traditional framework is increasingly incompatible with contemporary realities. She noted that economic issues are a predominant cause of divorces, with most cases initiated by women due to husbands’ inability to fulfill their financial responsibilities.

“Therefore, we need new fiqh and laws that support equal partnership and gender justice,” Prof. Nurmila emphasized. She proposed significant revisions to both the Marriage Law and the Compilation of Islamic Law, suggesting the elimination of the notion that the husband is the head of the family and the wife is a housewife, thereby encouraging an egalitarian relationship between spouses.

Prof. Nurmila’s argument was further strengthened by real-life examples. She shared interviews with Religious Court Judges and two divorcees, Eli and Ratu (pseudonyms), highlighting the economic strains and unrealistic expectations embedded in traditional marital roles. For instance, Ratu’s case illustrated the challenges faced in a marriage where traditional gender roles were rigidly enforced, leading to marital discord and eventual divorce.

In advocating for these changes, Prof. Nurmila also drew upon religious justifications, referencing scholars like Nasaruddin Umar, who distinguish between sex (biology) and gender in the Qur’an. She pointed out that the Qur’an uses different terms for biological sex and gender roles, suggesting that the leader of the family can be either male or female, provided they fulfill certain criteria as stated in the Qur’an. This interpretation opens the door for a more flexible and equitable understanding of family leadership roles, moving away from strictly gendered expectations.

Prof. Nurmila’s lecture was not just an academic discourse but a call for a paradigm shift in understanding and practicing Islamic law in the context of contemporary societal challenges. Her emphasis on equal partnership and flexible roles resonates with the broader global discourse on gender equality and justice. Her work is a testament to the dynamic and evolving nature of Islamic jurisprudence and its potential to positively contribute to societal change.

Through her insights, Prof. Nurmila offers a compelling case for rethinking traditional gender roles in Islamic societies, particularly in the context of marital relations and family law, highlighting the need for a re-interpretation of religious texts and laws in response to current social realities.

source: https://www.uiii.ac.id/news/57470/prof-nina-nurmila-redefines-islamic-law-for-gender-equity