GENDER EQUALITY IN SOCIAL JURISPRUDENCE: A REVIEW OF KH. MA. SAHAL MAHFUDH'S FATWA ON WOMEN

Abstract

Women's issues are a perennial topic of discussion, including within the dynamics of Islamic law. Various issues concerning women in the domestic and public spheres are always hotly debated. Islam in Indonesia is a religious institution that manifests the interaction of the universal values ​​of Islam brought by the Prophet Muhammad with the diverse social and cultural realities of the Indonesian archipelago. This interaction has given rise to new and distinct understandings of Islam, different from its place of origin (Arab). The Indonesian archipelago, with its particular culture from that of Arabia, means that the application of Islamic law varies considerably between the two regions, including in addressing women's issues. Aware of these differences, several Islamic scholars have developed diverse legal perspectives, often differing from the provisions outlined by the early scholars in their works. One such scholar is KH. MA. Sahal Mahfudh, a prominent Indonesian scholar whose Islamic legal thinking differs significantly from that of his contemporaries. Kiai Sahal distinguished between religious law's fixed and flexible dimensions with his social jurisprudence.