REKONSTRUKSI KONSEP NUSYUZ DALAM HUKUM KELUARGA: KAJIAN PEMIKIRAN FAQIHUDDIN ABDUL KODIR

Naili Suroya, S.H., NIM.: 19203012075 (2022) REKONSTRUKSI KONSEP NUSYUZ DALAM HUKUM KELUARGA: KAJIAN PEMIKIRAN FAQIHUDDIN ABDUL KODIR. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The concept of nusyu>z in various Islamic literature is more directed at the wife, including in article 84 of the Compilation of Islamic Law. Nusyu>z can have an impacton the loss of the wife‟s right to support, raise the problem of domestic violence and even become one of the causes of divorce. Although many scholars also have the view that nuysu>z can apply to husbands and wives, one of which is Faqihuddin Abdul Kodir. This study wants to analyze what is the Faqihuddin Abdul Kodir‟s opinion about nuysu>z and the implication of his views on the concept of nusyu>z in the Compilation of Islamic Law. This reseacrh is a literature study using a gender approach and feminism theory. Data was collected by reviewing his written works in the form of books, journal and articles. Data was also collected through unstructured interviews regarding his views on nusyu>z. This study concludes that: first, in Faqihuddin‟s opinion, nusyu>z is a concept related to the commitment of the couple in marriage. For this reason, nusyu>z is not only related to the wife‟s disobdience as it has been understood so far, but also to her husband which he formulated in the muba>dalah concept. Second, there are several factors that influence Faqihuddin Abdul Kodir's thinking, namely his awareness to have a dialogue between reality and religion, his involvement with women activists and his reading of the thoughts of contemporary ulama figures such as Abdul Halim Abu Syuqqah who present a women's perspective, especially to look back at women's issues in the context of women's lives gender relations. Third, based on his way of thinking and sources of thought, Faqihuddin can be called a Muslim feminist, whose framework of thinking is based on the Quran, hadith and various Islamic texts that are considered authoritative and include progressive thinkers. His thoughts have implications for the development of Islamic family law through the Compilation of Islamic Law with the addition of arrangements for the existence of nusyu>z husbands, the settlement of nusyu>z by prioritizing the principle of muasyarah bil ma'ruf to reduce the level of domestic violence and the cancellation of the loss of the wife's primary livelihood rights.

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