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HAK DAN KEWAJIBAN SUAMI ISTRI : KOMPARASI PEMIKIRAN M. QURAISH SHIHAB DAN SITI MUSDAH MULIA
Marriage is a legal legality that legalizes the relationship between a man and a woman. The hope of marriage is to create a family harmony. To create this, a uniform understanding of the rights and obligations between husband and wife is needed. In social life, problems arise regarding the absoluteness of the husband who is the leader of the household because he has provided his wife with a dowry and maintenance. This is found in the thoughts of M. Quraish Shihab in his work entitled The Bride of the Qur'an , where all aspects of domestic life and the Shari'a state that men are the absolute leaders of the family because they are viewed from the perspective of mas}lah}ah, the nature and advantages of men. further supports this task. On the other hand, Siti Musdah Mulia in her book entitled Building Heaven on Earth: Tips for Building an Ideal Family in Islam, questions this. This means that the existence of men and women is equal. From this background, the authors tried to examine two focus issues: 1) What do M. Quraish Shihab and Siti Musdah Mulia think about the rights and obligations of husband and wife? 2) What are the similarities and differences between the two? This type of research is qualitative using library research methods. This research approach is normative, that is focused on the study and discussion of Islamic Law literature, especially the thoughts of M. Quraish Shihab and Siti Musdah Mulia as the object of this research. This research is a comparative analysis, namely comparing the thoughts of the two figures systematically regarding the problems of the two who have different thoughts. In this research, the authors used Mas}lah}ah Theory and Gender Theory to examine the comparative thoughts of M. Quraish Shihab and Siti Musdah Mulia regarding the rights and obligations of husband and wife. Based on the research results, the two figures used the Al-Qur‟an and As-Sunnah to base their respective thoughts. The difference is that M. Quraish Shihab broadly states that the rights and obligations of husband and wife include: The dowry is the wife's full right, so the wife has the right to use it according to her wishes, the husband is obliged to provide a living for his family according to his ability, and the husband is the leader of the family. Meanwhile, Siti Musdah Mulia stated that the rights and obligations of dowry, maintenance and leadership in the family are equal, namely equal conditions for husband and wife by dividing the rights and obligations of both proportionally according to their capabilities and based on mutual agreement.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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