REINTERPRESTASI KONSEP NUSYUZ DALAM PERKAWINAN: ANALISIS GENDER DALAM HUKUM KELUARGA ISLAM KONTEMPORER

Abstract

The concept of nusyuz within the framework of traditional Islamic family law is often viewed as the wife's defiance against her husband, prompting oversight due to inherent gender bias and the potential for injustice. This research seeks to reevaluate the concept of nusyuz using a gender analysis framework to provide a fairer interpretation in the context of modern Islamic family law. By employing a critical analysis methodology of religious texts, alongside classical and contemporary scholarly perspectives, and examining the evolution of family law in various Muslim countries, this study argues that nusyuz should be understood comprehensively, taking into account the obligations of both husbands and wives within marital relationships. The findings suggest that a reinterpretation of Sharia centered on maqashid, combined with principles of gender justice, can produce a more inclusive legal paradigm, where nusyuz is no longer a unilateral concept but rather considers the complexities of power dynamics in the domestic environment. This conclusion significantly advances the discourse surrounding the reform of Islamic family law, thereby addressing the imperative of gender equality.