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KESETARAAN HAK SUAMI ISTRI DALAM PERCERAIAN (STUDI KOMPARASI PEMIKIRAN WAHBAH AL-ZUHAILY DAN MUHAMMAD SYAHRUR)
The issue of equality of rights for spouses in divorce is still a debate among Muslim scholars today. This is evident in the thoughts of Wahbah al-Zuhaily and Muhammad Syahrur. The background of this research problem is the existence of gender inequality in divorce practices, especially in patriarchal societies, where the right to divorce is often dominated by husbands, while wives have limitations in initiating divorce. This study aims to analyze the methods of legal discovery used by both figures and the factors that cause differences in their views regarding equality of rights in divorce. The type of research used is library research with a normative and philosophical historical approach using comparative analysis. Data is collected from the works of both figures, such as interpretation books, jurisprudence, and related books, and then analyzed using gender equality theory and legal discovery theory. Research findings indicate that Wahbah al-Zuhaily tends to maintain a classical fiqh approach, where the husband has the right to divorce on the grounds of financial responsibilities and household stability. He argues that men have a higher degree in family leadership (qawwāmah) based on the interpretation of QS. An-Nisa: 34. Meanwhile, Muhammad Syahrur rejects patriarchal dominance in divorce and argues that divorce rights should be equal between husband and wife. He employs a hermeneutical approach and group equality to interpret the verses of the Quran, emphasizing that divorce should go through a fair court process and should not be done unilaterally, aiming to protect women from injustice. The differences in the views of the two figures are influenced by their interpretative methodologies, academic backgrounds, and the socio-historical contexts surrounding their thoughts. Wahbah is more conservative and adheres to Sunni jurisprudential traditions, while Syahrur is more progressive, emphasizing the reinterpretation of religious texts in accordance with the developments of the times.
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KESETARAAN HAK SUAMI ISTRI DALAM PERCERAIAN (STUDI KOMPARASI PEMIKIRAN WAHBAH AL-ZUHAILY DAN MUHAMMAD SYAHRUR) (Text)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)