ANALISIS PEMIKIRAN M. QURAISH SHIHAB & KH. MISBAH MUSTHOFA TERHADAP BATASAN HAK-HAK SUAMI/ISTRI KETIKA TERJADI NUSYUZ (RELEVANSINYA DENGAN UNDANG-UNDANG NO. 23 TAHUN 2004)

Anang Ma’ruf, NIM.: 20103060035 (2024) ANALISIS PEMIKIRAN M. QURAISH SHIHAB & KH. MISBAH MUSTHOFA TERHADAP BATASAN HAK-HAK SUAMI/ISTRI KETIKA TERJADI NUSYUZ (RELEVANSINYA DENGAN UNDANG-UNDANG NO. 23 TAHUN 2004). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Nusyuz is a situation where the wife leaves her rights and obligations to her husband or vice versa. In Islam, when the wife is nusyuz, the husband has the right to advise, separate her from the bed, and hit her. According to M. Quraish Shihab, the settlement when the wife commits an act of nusyuz does not reach the stage of beating. In contrast to KH. Misbah Musthofa which allowed it to reach the level of beating. Because Law Number 23 of 2004 concerning the elimination of violence in the ladder states that the so-called acts of domestic violence are physical, psychological, sexual violence and domestic neglect. Thus, is the completion of nusyuz from the two scholars relevant. This study uses a descriptive-comparative preparation method by comparing and analyzing differences and similarities in describing and explaining the characteristics that are the object of research and strengthened by examining the theory of istih}sa>n bi al-Mas}lah{ah and gender theory. The drafting approach used in this study is the ushul fiqh approach. Based on the object of the research, this type of research is libray research, which is by reading or studying scientific books and research that focuses on primary and secondary data and literature that is relevant and accurate to this discussion. The results of this study are the first to explain that nusyuz can not only be done by the wife, but the husband also has the opportunity to do it. Because if so, then the concept of nusyuz is discriminatory against women. Second, the thoughts of M. Quraish Shihab and KH. Misbah Musthofa about the limitations of the rights of husbands to wives during nusyuz, always considers the best solution. According to Quraish Shihab, husbands are only allowed to reach the second stage, namely by advising and not having sex, not entitled to beating. Meanwhile, according to KH. Misbah Mustofa is allowed to do beatings, but beating here is not defined as physical beating alone. However, it can be interpreted as leaving the wife or not giving her a living or it can also be interpreted as finding a solution so that the problem can be solved in good ways. Meanwhile, in Law No. 23 of 2004 concerning what is meant by domestic violence is physical, psychological, sexual, or domestic violence. So the settlement of nusyuz according to M. Quraish Shihab and KH. Misbah Musthofa is relavanted by the Law.

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