1. Definition of Gender
Since the last decade, the word gender has included to vocabularies at seminar, discussion and writing around a change of social and a development in the Third World . In Indonesia
A word “gender “is basically derived from English language, it means sex[1]. In Webster’s New World Dictionary, gender means: “an apparent disparity between man and women in values and behavior”.[2]
In Women’s Studies Encyclopedia, explained that gender is cultural concept its effort to make distinction in character, behavior, mentality and emotional characteristic between man and women that was spreading in society.
Hilary M. Lips in her famous book, Sex and Gender: an Introduction means gender as cultural expectations for Women and Men[3]. This opinion is equivalent with others, such as Linda L. Lindsey, who considered that what given society defines as masculine or feminine is component of gender.
H.T. Wilson in his book: Sex and Gender, said a gender is a basic to definite a different contribution of man and women toward a culture and collective life, and finally they became as men and women.
Elaine Showalter means gender more than a distinction between men and women according to construction of social culture. He stressed it as an analysis concept which can be used to explain men and women.
While, Julia Cleves Mosse in her book: Gender dan Pembangunan, said that basically, gender is different with sex biology. Sex biology is gift; we were born as male or female. But the way made us masculine or feminine is merger of basic biology’s component and interpretation of biology by our culture.[4]
DR. Mansour Faqih in his book: Analisis Gender and Transformasi Sosial, explained that to understand a concept of gender, must be different between the word gender and sex[5]. The definition of sex is characteristically or sharing of two sexes that definitude biological. It’s means that biology instruments of men and women are unchangeable. It’s called by predestination.
A society has several “script” that must be followed by its member[6]. For the example, they are acting a feminine character or masculine, as a society has their language. From beginning, since we were born till old day, we have been studying and practicing a special method which has definitude by society for us as men or women. Gender is a set of act like a costume or a mask in theater to inform the others that we are feminine or masculine. This special character – as a performing, a uniform, a conduct, a personality, works inside and outside of household, sexuality, a responsibility of family and so on – all together forms our “gender character”.
As adult, we believed that we lived in the world by significant of freedom degree. It means we’re free to choice the way to conduct, to think and to choice gender’s character. Also, we’re agreeing with international opinion that we became feminine or masculine by “nature process”, because we were born as men or women.[7]
Although the word gender isn’t include to Indonesia Dictionary, but this term commonly was used, especially at the Department of Women Affairs by spelling “ jender”. Jender was defined as mentality interpretation and culture for distinction of sex, both are women and men. Usually, gender used to show the job description that considered it’s the right one for men and women.[8]
Based on the definitions above, we can take a conclusion that gender is a concept to identify the distinction of men and women according to social aspect and culture. It’s mean that gender has defined men and women by non biological view.
2. Role of Gender and Social Status
Role of gender is cultural ideas that defined the expectations to men and women in interaction between one and the other in a society.
In perspective of culture, every one was born by category of culture: a man (male) and a woman (female). Since he was born, every one has been definitude his role and his attribute of gender. If he was born as a man, he was expected and conditioned to play a role as a man. And the contrary, if she was born as a woman, she was expected and conditioned to play a role as a woman.
In daily interaction in a society who attentive to distinction of gender, there were a value of etiquette and a norm of law that differ a role of men from women. Every one was depended to have gender feeling in his social interaction. If someone violates the values, the norms and those feeling, he will face a risk in society.[9]
A predicate of men and women was suspected as symbol of status. A man has been identified as someone who has “masculinity” characteristic. Whereas a woman, has been identified as someone who has feminism characteristic.[10]
According to Allan G. Johnson, domination of men in society wasn’t caused “their masculinity”, but more than it, because they have many accesses to an authority to reach a status. For the example: the majority of men who takes a place in executive, legislative and judicative institution; became the owner of many production sources; dominated most of religious organizations and education institutions. Meanwhile, the women were placed at inferior position. Their role was limited, so their access to reach an authority was limited too. And finally, the women achieved the status lower than the men.
In daily activity, sometimes a conflict and a tension of gender were happening between men and women. The women has desire to move and to act independently or free from everything to increase their status and feeling of confidence, but the culture in society was limiting their movement space, especially for who has marriage, and moreover who has a child.
Recently, the women faced double burden. In one side, they have to effort by their self, but in the other side they have to more concentrate and consequence to take care the child and the family. The men are free to do kinds of productive activities, except they are free from reproductive functions like pregnancy, breast feed, menstruation; the culture of society also demand the men to act anymore in non family role obligations.
Based on explaining above, we known that there was correlation between role distinction of gender and social status. More the distinction more unequal the social status, and less the distinction less the distinction of social status, although the distinction of gender role was not a variable that defined the inequality and the justice.
3. The Identity of Gender
When a child was born as baby, immediately we could identify him, was he a boy or she a girl, based on his sex. If a child has a penis, he was identified as a boy, and if she has a vagina, she was identified as a girl. When a child was born, on the time he accepted a task and a gender assignment from culture environment of his society.[11]
One’s gender assignment was based on values of culture which was spreading in his society. In patriarchy[12] society, from the beginning a gender assignment of boy is more dominant than girl.
The forming of model and familial system in a society needs long times and long historical process, and there were many factors that formed it, one of them is condition of objective geography like an ecology. A society who lives at desert which has a rare population and a difficult occupation, of course resulted a specific system of social culture.
In across culture’s society, the system for identifying a gender assignment referenced more to biology factor and sex. A recovery of gender assignment that suspected unfair is a hard work according to people. Identification of gender assignment was not introduction toward sex only, but connected to fundamental’s values that have become part and parcel of life in society.
4. GENDER’S EQUALITY IN ISLAMIC LAW
Discussion about the equality in this point was not to equal physically between men and women. And feminist were going on it exactly. The equality in this point is to equal right and duty between men and women according to Allah SWT, because inequality between men and women in many religions was caused by construction of social cultural, not by religion’s teaching itself.[13] Allah SWT said that all of servants were same in the sight of Allah. And a piety or the best conduct was differentiating them.[14] The piety was not a term that has bias gender, because everybody has an equal right to achieve it.
As we have known all together, the westerner have sang a rhythm of equality between men and women fluently. Many people were surprised by it. And in fact, many of them were agreeing with the equality’s law that was sung by the westerner.
And now the problem is, what is the mean of equality according to West and their under bows?
An equality refers to West’s view is making position of men and women in same social references, thus, everyone moves in a frame of social references, lives at a place and by one regulation, anatomy’s structure of their physic and psychology was same till everyone was obligated by same duty and has an equal right and they felt enjoy with their rights without distinctive differentiation and there was a clear references.[15] For this concept, we could be say that it was something stupid, why? Because this concept opposites a natural law.
Besides, the West always claims their self as “hero and warrior of women’s right”, and accuses Islam as religion that castrated women’s right. And truly, a concept of equality that was bargained by them has changed into paradoxical. Why? Because, a concept of equality that was bargained by them is absurd. They mixed specific right of men and women with many factors that were resulted by those specific rights.
In fact, how does a concept of equality between men and women refers to Islamic law?
In looking of position of women before Islam era, majorities of intellectual and historian, especially who comes from Islam, they look it as dark illustration. Women were considered as invaluable creature, as apart of men, in subordinate position, their existence has many problems, there was not self independence , their rights could be pressured, their body could be sold and another negative thinking or view about them.[16]
And the ironic, this opinion was not happened before Islam at Middle East only, but we found it at Greek tradition, Ancient Athena tradition, Hindu Brahman at India
Afterwards, Islam came to this universe by its teaching and brought great message of human morality. Islam invited human being to free them self from the shackles and human tyranny. Also, invited to free them self from the shackles of polytheism divinity to a freedom by one God. Therefore, if we think over, Islam became an exact instrument to unite mission and vision of equality between men and women. And another religion hasn’t it such as this advantage.
In Islamic society, women get an important position and a main role that never happened before. There is not rule and law before Islam which fulfill the right to women as well as Islam. This was caused Islam came down by Principles of equality among humankind.[18] There is not distinction between an individual with the other. Allah SWT said:
يَأَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُمْ مِنْ ذَكَرٍ وَأُنْثَى وَجَعَلْنَاكُمْ شُعُوْبًا وَقَبَائِلَ لِتَعَارَفُوْا, إِنَّ أَكْرَمَكُمْ عِنْدَ اللهِ أَتْقَاكُمْ ,إِنَّ اللهَ عَلِيْمٌ خَبِيْرٌ[19]
It means:” O mankind! Lo! We have created you male and female, and have made you nations and tribes that you may know one another. Lo! The noblest of you in the sight of Allah, is the best in conduct. Lo! Allah is Knower, Aware.”[20]
يَأَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَ خَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالاً كَثِيْرًا وَ نِسَاءً[21]
It means: “O Mankind! Be careful of your duty to your Lord who created you from a single soul and from a single soul and from it created its mate and from them twain has spread abroad a multitude of men and women”[22]
فَاسْتَجَابَ لَهُمْ رَبُّهُمْ أَنِّي لاَ اُضِيْعُ عَمَلَ عَامِلٍ مِنْكُمْ مِنْ ذَكَرٍ وَ أُنْثَي , بَعْضُكُمْ مِنْ بَعْضٍ[23]
It means: “And their Lord has heard them (and He said Lo!) I suffer not the work of any worker, male and female to be lost. Ye proceed one from the another”[24]
As we have known that understanding of text in Ushul-l- fiqh has a concept of bilingual arguments; both are qat’i ad-dalalah and zanni ad-dalalah. Its implication could be felt in spelling out of values, is its substantive universal (qat’i) and fundamental and never change? Or it is particular (juz’iyyah) which was limited by space and time.
If we pay close attention to some cases of law that were predicted carried away the rights of women, minimally it can be précised from the frame of this understanding. It means, absolutely the principles of equality aren’t applicated in empty space, but will involve context of socio-histories. Besides, however there is bias of men which dominated religion interpretation and law.
Surah Al-Hujurat verse 13 that was mentioned above, tell us that from the beginning of creation, Islam doesn’t believe a glory based on factors such as generation, ethnic or sex.[25] Even so surah An-Nisa verse 1. Although this verse appear several of interpretation from many scholars, but a woman by her substantive still definitude equal with a man, because comes from one living entity (nafs wahidah). Surah Al-Imron verse 195 also told us that the equality between women and men is according to his good deed. Those verses that were mentioned above can be categorized in qot’i specification, universal and can’t be limited by time and space.[26]
There is not distinction between men and women, because there are relation each other, men came from women and on the contrary that women came from men. There is not distinction among them in nature essential. Our Prophet Muhammad SAW explained this meaning when sermon on Hajj Wada:
“O Mankind! Your God is one, even so your father. All of you were coming from Adam, and He was coming from the earth. There was not superiority for Arabian over non Arabian. And on the contrary, there was not excellence for red over white and the white over the red except by his piety”[27]
[1] Jhon M. Echols and Hasan Shadily. Kamus Inggris Indonesia
[2] Victoria Neufeldt. Webster’s New World Dictionary. (New York: Webster’s New world Cleveland. 1984). p. 561.
[3]Hillary M. Lips. Sex and Gender: An Introduction. ( London: Mayfield Publishing Company, 1993 ).p.4
[4] Julia Cleves Mosse. Gender dan Pembangunan.( Yogyakarta : Pustaka Pelajar, 2002 ). p. 2
[5] DR. Mansour Faqih. Analisis Gender dan Transformasi Sosial. ( Yogyakarta : Pustaka Pelajar, 2001 ). p. 7.
[6] Julia Cleves Mosse. Op.Cit. p. 2
[7] Ibid. p. 3
[8] Kantor Menteri Negara Urusan Peranan Wanita . Buku III: Pengantar Teknik Analisa Jender.( Jakarta
[9] Ibid. page: 74
[10] DR. Mansour Faqih. Ibid. page: 8 - 9
[12] Male – dominated social system with descent through the male line
[13]Syafiq Hasim. Hal-hal Yang Tak Terpikirkan Tentang Isu-Isu Keperempuanan dalam Islam. (Bandung
[14] Al-Quran. Al-Hujurat:13
[15] DR. M. Sa’id Ramadhan Al-Buthi. Perempuan Antara Kezaliman System Barat dan Keadilan Islam.(Solo: Era Intermedia. 2002).p. 106.
[16] Syafiq Hasyim. Op.Cit. p. 19
[17] Ibid. p.22
[18] DR. Muhammad Anis Qasim Ja’far. Perempuan dan Kekuasaan, Menelusuri Hak Politik dan Persoalan Gender dalam Islam. (Bandung: Zaman Wacana Mulia, 1998). p. 19.
[19] The Holy Qur’an, Surah Al-Hujurat:13.
[20] Muhammad Marmaduke Pickthall. Op. Cit. P. 362.
[21] The Holy Qur’an, Surah An-Nisa:1.
[22]Muhammad Marmaduke Pickthall. Op. Cit. p. 50.
[23] The Holy Qur’an, Surah Al-Imron: 195
[24] Muhammad Marmaduke Pictkhall. Op.Cit.p. 48
[25] Quraish Shihab. Wawasan Al-Quran. (Bandung: Mizan, 1996).p. 298
[26] Hamim Ilyas et al. Op. Cit. p. 137
No comments:
Post a Comment