HUKUM KELUARGA ISLAM TUNISIA: KONTRIBUSI PEMIKIRAN TAHAR AL-HADDAD DALAM BUKU IMRA’TUNNA FI AS-SYARI AH WA AL-MUJTAMA’

Citra Widyasari, S.S.H., NIM.: 20203012112 (2023) HUKUM KELUARGA ISLAM TUNISIA: KONTRIBUSI PEMIKIRAN TAHAR AL-HADDAD DALAM BUKU IMRA’TUNNA FI AS-SYARI AH WA AL-MUJTAMA’. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Before the 1956 Tunisian Family Law reform, Tunisian legal culture was dominated by the Maliki and Hanafi schools of thought. The fiqh scholars tend to alienate and remain firm with the old paradigm even though the times are different. Al-Haddad is one of the figures seeking to reconstruct the views of interpretation and fiqh experts on Islamic family law and women's rights. This notion has dominated articles in Tunisian Family Law to date. This research seeks to explore al-Haddad's character thinking and describe the contribution of his thinking to the formation of Tunisian Family Law. When we viewed from the subject studied, this research is included as historical research that examines the intellectual thoughts of figures. The study was carried out by analyzing Tahar Haddad's work imra‟tunna fî as-syarî„ah wa al-mujtama„ (Our Women in Islamic Law and Social Society) using the theory of Critical Legal studies (Critical Legal Studies). Critical Legal Studies theory includes three methods: trashing, deconstruction, and genealogy. This research is classified as library research (literature review). Data were obtained through library data searches and online data searches. Meanwhile, the authors use three techniques to obtain relevant and comprehensive data: editing, organizing and searching. The results of the study show the first, that al-Haddad's thoughts are full of equality and liberation for women. In his book imra‟tunna fî as-syarî„ah wa al-mujtama„, he divides into two main parts, namely women in the view of law and women in the view of society. She refutes several assumptions, including issues of marriage, polygamy, divorce, the veil, and Tunisian traditions and emphasizes the urgency of education for women. The centre of al-Haddad's thought is that Islam is dynamic and able to adapt to changing conditions. Al-Haddad reinterpreted the interpretation of the verses related to this issue. Second, during the French administration, the Tunisian Court was divided into three sections, each of which was reserved for Muslims, Jews and civil society. After independence under the leadership of Habib Bouguiba, Tunisia reformed family law with the publication of the Code Of Personal Status or Majallah al-Ahkwal as-Syakhsiyyah (MAS) on August 13, 1956. This law has been amended several times. Until 1981, the MAS contained 213 articles namely: Marriage, Divorce, Iddah, Support, Child Care, Trusteeship, Abandoned Children, Disappeared Persons, Inheritance, Competent Law, Wills, and Grants. The drafting of the CPST was inspired by al-Haddad's ideas, including the abolition of ijbar rights, restrictions on the age of marriage, the validity of divorce in court, the absolute prohibition of referring to three divorces, divorce fines, and the prohibition of polygamy. Unlike other Muslim countries, until now Tunisia is the only country that has absolute prohibitions on triple talaq and prohibits polygamy.

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