Ketentuan Nafkah dalam Kompilasi Hukum Islam (KHI) Perspektif Gender

Samsul Zakaria, S.Sy., NIM. 1420311042 (2018) Ketentuan Nafkah dalam Kompilasi Hukum Islam (KHI) Perspektif Gender. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The rule of payment which is a negotiated thing (min al-mutaghayyirāt) is interesting to keep on reviewing. The presence of the Kompilasi Hukum Islam (KHI), codification of Islamic law resulted from the formulation of Islamic scholars, which includes also articles on the provision of family provide legal certainty in the context of Islamic family law in Indonesia. The rule of payment in KHI that is more than 27 years old will be more interesting when faced with the concept of gender equality. The concept of gender equality, which due to its position as a western terminology, often causes its own phobia. While the concept is essentially in harmony with the spirit of Islamic values. Departing from that, this research seeks to reveal how the rule of payment in KHI and how the rule of payment in the KHI when examined with the perspective of gender equality. This research uses library research method which is combined with interview. The nature of this research is descriptive-analysiscritical is to describe the problem and analyze it critically. In accordance with the formulation of the problem, this study produced two conclusions. First, that the rule of payment in KHI formulated by Indonesian scholars refers to the concept of payment in the classical text books. The rule of payment in the KHI means all obligations that a husband has to pay to his wife as well as from a father to a child(s) in accordance with his abilities. The family livelihood context in the KHI includes the obligation to provide for the marriage process until the wife undergoes the period of iddah as long as the divorce is not due to li‟an or nusyuz. As the effect of the rule of livelihood payment the KHI in case of disputed things, the Religious Courts may play a role in resolving them. Secondly, based on the perspective of gender equality, the rule of payment in the KHI is still highly oriented where the role of men—in this case the husband—is very dominant. Women who should have the ability in the context of earning a living as well as the form of life choices and self-actualization has not been adequately accommodated. While social facts in Indonesia show that since long time the wife actively involved or share with the husband in making a living. The next, in the context of nusyuz which is a barrier for women to earn a living of iddah also still impressed gender bias. The reason, „nusyuz‟ may also be done by the husband but it is less readable in the KHI. While nusyuz is synonymous with the attitude of the wife also certainly does not stand alone or just happens. It may also be caused by the inequality of family relationships.

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