POLITIK HUKUM REGULASI NUSYUZ DI INDONESIA, MALAYSIA, DAN BRUNEI DARUSSALAM

Nabila Mumtazah, NIM.: 23203012076 (2026) POLITIK HUKUM REGULASI NUSYUZ DI INDONESIA, MALAYSIA, DAN BRUNEI DARUSSALAM. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Nusyūz regulations in Indonesia, Malaysia, and Brunei Darussalam share relatively similar normative roots in Islamic law, yet they are formulated and institutionalized within different legal and constitutional structures. These differences indicate that the formation of nusyūz regulations is shaped not only by the normative sources of Islamic jurisprudence (fiqh), but also by the legal politics of each country. The main issue addressed in this study is how the legal politics of nusyūz regulation formation operates within Islamic family law in Indonesia, Malaysia, and Brunei Darussalam. This study employs normative legal research based on library research, using a descriptiveanalytical method and a normative-comparative approach. Secondary data derived from legislation, legal documents, and relevant literature are analyzed qualitatively and comparatively through content analysis and interpretation. Mahfud MD’s theory of legal politics is employed as the analytical framework to examine the relationship between political configuration, legal policy orientation, and the character of legal products. The findings show that Indonesia has an accommodative political configuration with an integration-oriented policy that produces an integrative legal product; Malaysia has a federal political configuration with a harmonization-oriented policy that produces a harmonious legal product; while Brunei Darussalam has a centralized monarchical-MIB political configuration with an institutionalization-oriented policy that produces an institutional legal product. Political configuration does not directly determine the substance of the regulations, but operates through legal policy orientation and patterns of legal institutionalization, while the similarities in the basic substance of nusyūz across the three countries are largely influenced by the continuity of the fiqh tradition.

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