Ahkam: Jurnal Ilmu Syariah
https://journal.uinjkt.ac.id/index.php/ahkam

Bargaining Equal Spousal Roles in Marital Life: The Phenomenon
of Wife-Petitioned Divorce Among Middle-Class Muslims in
Yogyakarta
10.15408/ajis.v24i1.34038
Muhammad Iqbal Juliansyahzen*1, Euis Nurlaelawati2, and Ocktoberrinsyah3
1

State Islamic University, Prof. K.H. Saifuddin Zuhri, Purwokerto, Indonesia, 2,3State Islamic University, Sunan
Kalijaga, Yogyakarta, Indonesia
iqbalzen@uinsaizu.ac.id*

Abstract
This study aims to highlight the phenomenon of divorce petitioned by wives among middle-class
Muslim communities in Yogyakarta and its relevance to their attempt to negotiate their roles in
marriage. This is qualitative research based on data collected through observation, interviews, and
documentation. Deploying a sociological approach, this study reveals that while for the majority of
cases, economic problems constituted the main ground for divorce, for this case, the main grounds of
divorce presented by women include failure of the spouse to express self-esteem, dissatisfaction with
gender role, and differences in principles in making decisions which culminate to what we call as 'soft
dispute'. The study also argues that among the middle class of society, there has been high awareness
of gendered equal roles spread by social institutions and that it has, to some extent, become a threat to
legal thought of male masculinity within spouses, who are both highly educated, as both spouses have
not evenly held the awareness. This study argues that the 'soft dispute' brought from such conditions as
mentioned above is legally considered by judges to have met or been in line with the legal ground of
'protracted disputes' specified by the laws.
Abstrak
Penelitian ini bertujuan untuk menyoroti fenomena gugatan cerai yang diajukan oleh istri di kalangan
komunitas Muslim kelas menengah di Yogyakarta dan relevansinya dengan upaya dalam
menegosiasikan peran mereka dalam perkawinan. Penelitian kualitatif ini mengumpulkan data melalui
observasi, wawancara, dan dokumentasi. Dengan pendekatan sosiologis, studi ini mengungkapkan
bahwa secara mayoritas kasus perceraian disebabkan oleh persoalan ekonomi, yang sering menjadi
alasan utama. Dalam konteks perceraian ini, alasan utama perceraian yang diajukan oleh perempuan
adalah kegagalan pasangan untuk mengekspresikan harga atau kehormatan diri, ketidakpuasan terhadap
keseimbangan peran gender, dan perbedaan prinsip dalam mengambil keputusan, yang kesemuanya
disebut sebagai ‘soft dispute’. Penelitian ini juga berargumen bahwa di kalangan masyarakat kelas
menengah yang keduanya berpendidikan tinggi telah terjadi kesadaran yang tinggi tentang peran
kesetaraan gender yang disebarluaskan oleh institusi sosial dan bahkan dalam batas tertentu telah
menjadi ancaman terhadap pemikiran hukum tentang maskulinitas laki-laki pada pasangan. Hal ini
karena kesadaran gender tersebut tidak dimiliki secara merata oleh kedua pasangan. Penelitian ini
kemudian menegaskan bahwa ‘soft dispute’ yang ditimbulkan dari kondisi tersebut dianggap secara
hukum oleh hakim telah memenuhi atau relevan dengan ketentuan hukum sebagai alasan perceraian,
yaitu ‘perselisihan yang berlarut-larut’.
Keywords:
divorce; Muslim middle-class; gender; education; economy
How to Cite:
Juliansyahzen, M.I., et.al., (2024). Bargaining Equal Spousal Roles in Marital Life: The Phenomenon of Wife-Petitioned
Divorce Among Middle-Class Muslims in Yogyakarta. AHKAM: Jurnal Ilmu Syariah, 24(1).
https://doi.org//10.15408/ajis.v23i1.36237

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Bargaining Equal Spousal Roles in Marital Life

Introduction
Divorce is one of the legal mechanisms that dissolves marriage. Others include death
and judicial decisions. According to classical legal texts, divorce is an act that is allowed in
religion but at the same time is hated by Allah (Asqalānī, n.d., Kurdī, 2007, Saputra & Busyro
2018, Sijistānī, 1993). Although divorce is something that God does not desire, scholars have
different responses in the context of divorce. The Sunnis seem to make it easy for divorce to
occur, such as divorce without cause, divorce without intention, and divorce due to force. Even
some Mālikiyah scholars consider divorce that was intended to be legally valid, although it has
not been pronounced. This is different from the Shī’ah, which tends to make divorce difficult
by requiring two witnesses. This opinion is used in the legislation in Muslim countries that
requires divorce in front of the court with two witnesses (Trigiyatno, 2020).
Scholars viewed divorce as the final exit in dealing with the problems of families with
disharmony (Bello, 2009). Following classical Islamic law, divorce initiated by the woman is
much more restrictive than that initiated by the man. Divorce petitioned by the man, unlike that
petitioned by the woman, does not require the other party's consent and does not necessarily
include financial compensation (Fortier, 2012). There are various ways to divorce in Islamic
law, either automatically or on the petition of the husband, the wife, or a judge. According to
classical legal thought, the right to divorce is in the hands of the husband and not the wife.
However, it does not mean that the woman has no ability or chance to put an end to the marriage
if she is unhappy, hurt, or unsatisfied. The husbands, who convince their wives that only their
absolute right to divorce is in their Islam, are misled and oppressed (Bello, 2009).
Meanwhile, Indonesia has several regulations dealing with divorce issues that are
relevant to the abovementioned principles. In Law No. 1 of 1974 on Marriage and Government
Regulation No. 9 of 1975, as the implementation of Law No. 1 of 1974 (Article 39, Point 2), it
is stated that divorce must be followed by sufficient reasons that lead both the husband and the
wife not to be able to live in harmony. This shows the equal position between husband and
wife. The decision to divorce is not only based on the husband's desire but also comes from the
wife's, as has been administered in Article 114 of the Compilation of Islamic Law (Kompilasi
Hukum Islam/KHI) (Fikri et al., 2019, Hasyim, 2015).
Several countries, such as Egypt and Mauritania, have also instituted significant
legislative reforms related to marriage and divorce (Fortier, 2012; Shaham, 1994). In Egypt,
modernist statutory legislation (1920 and 1929) improved the legal status of women by granting
them judicial divorce for several reasons. The judges could adapt their decisions to the
changing social environment and addressed the demands of best practices for women (Shaham,
1994). In Mauritania, the government produced the first personal status code in 2001 to
recognize women's right to divorce (Act. 92), or khulū' (Fortier, 2012).
Many view that the relationship between men and women must be balanced and equal
(Cholil, 2017, Cholil & Sudirman, 2019, Kodir, 2018, Nursyam, 2012, Qibtiyah, 2009).
However, as the problems married couples face are diverse and different, the balance and
equality of the spousal relationship do not always go well. Divorce is often inevitable, with a
serious impact on many relevant parties.
Researchers such as Bohmer and Lebow, Handalusia, Nurlaelawati, Premchand &
Gavin, Rahimi et al., Rahimi, and Tuttle & Davis looked at the dynamics of divorce in various
countries and regions in the world with different social and religious cultural backgrounds
(Bohmer & Lebow, 1978, Handalusia et al., 2018, Nurlaelawati, 2013, Premchand & Gavin,
2011, Rahimi et al., 2012, Tuttle & Davis, 2015). In general, Tuttle studied religious relations,
dishonesty, and divorce in British society. A good understanding of religion can reduce
infidelity, which can lead to divorce. According to him, religiosity can reduce the level of
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Bargaining Equal Spousal Roles in Marital Life

infidelity between partners. Thus, individuals who have good religiosity tend to be happy in
their marriages and have a low perception of divorce (Tuttle & Davis, 2015).
Rahimi studied and opined that divorce means the disconnection between a man's and
a woman's marriage, which results in no more legal ties in the family structure (Rahimi et al.).
Furthermore, Rahimi explained that each spouse's reasons for divorce differ. Self-esteem,
feeling hurt both physically and psychologically, and an imbalance of power in the household
are some of the grounds for divorce. She also stressed that the grounds for divorce presented
by men and women are different (Rahimi et al., 2012).
Studying Muslim women in divorce litigation, including their strategy in winning cases,
Nurlaelawati reveals that there are two main grounds for divorce petitioned by wives. The first
is to be legalized by the courts, and the others stem from cultural norms that strengthen their
intention to petition for divorce. She also reveals the different legal attitudes of spouses toward
divorce and points out that most men consider that they have absolute authority based on their
understanding of religious texts. Unlike men, many women eventually come to court, and to
win the cases, they influence the judges by presenting grounds for divorce and deploying
strategies. Among these strategies are conveying the negative side of their husbands and
assuring the judges that they would forego the bad and good effects of divorce and that they
could bear economic and social burdens (Nurlaelawati, 2013). Different from Nurlaelawati and
Rahimi, Handalusia found that there is a clash between traditional family structures, primarily
if the man serves as a househusband, and that demographic change, age, and religiosity show
predictive validities (Handalusia et al., 2018).
The increase in divorce cases occurs with continuously changing patterns. Bohmer and
Lebow, for example, found several legal changes and the behavior of divorce worldwide.
According to them, modernization impacts divorce patterns, the socio-economic status of
women, religion, politics, and even the regulations of a country. Bohmer and Lebow described
factors that influenced the increase in divorce rates. According to them, the status of women
economically constitutes an essential factor (Bohmer & Lebow, 1978).
Unlike Bohmer and Lebow, Dommaraju and Jones, who researched Asian countries,
found that women with higher education and active involvement in public activities lower
divorce trends and tend to give more attention to marriage (Dommaraju & Jones, 2011). The
study sees divorce as a result of the changing of norms, the increase of individualism, and the
freedom of expression in the public, a finding which is also offered by Voydanoff (Voydanoff,
1990)
Method
This study aims to analyze the practice and paradigm of divorce within the middle-class
Muslim community. It observes and seeks legal grounds and factors that bring couples, wives,
in particular, to ask for a divorce. This research is descriptive qualitative research and deploys
a sociological approach to describe the phenomenon of divorce, the factors driving divorce,
and the legal grounds highlighted by the female petitioner of divorce within the middle-class
Muslim community. It seeks to observe and understand how women of the middle class
negotiate their roles within marital life. This study also seeks to examine their understanding
of the legal rules of divorce in general and of divorce petitioned by wives in particular. It also
discusses how judges interpret and respond to women's attitudes toward marriage and divorce
from their legal perspectives.
The data were gained from direct observation in the Yogyakarta City Religious Court,
interviews with its judges, and document collection. The Religious Court of Yogyakarta City,
classified as Court 1 A, is a court that has relatively different dynamics cases compared to other
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regions in the Special Region of Yogyakarta. As for the interview, in-depth semi-structured
interviews are conducted with four judges (three female and one male judges), two lawyers
(females), and ten litigants (seven females, three males), selected purposively with the
characteristics needed in the study and to answer the research question. The data gathered from
interviews are strengthened by analyzing judges' relevant decisions, and 40 decisions are
examined.
Middle-class Muslims are the subject characteristics of this study. They had at least D3
and/or high-income education (at least based on the Regional Minimum Salary). In addition,
the researchers documented secondary data in the form of divorce decisions, with a total of 40
decisions.
Rules of Divorce in Indonesia: Legal Mechanism and Grounds
The issue of divorce has been regulated in detail and firmly in Law No. 1 of 1974 and
Law No. 9 of 1975. Besides, the issue of divorce is well regulated in the Compilation of Islamic
Law (KHI), with the exact implementation of the regulation as Law No.1 of 1974. KHI and
Law No. 1 of 1974 stated that marriage ends with several factors: death, divorce, and court
decision. A breakup of a marriage caused by a divorce can only be valid through a court
decision. In the regulation, there are two procedures for divorce, namely divorce by ṭalāq and
divorce by wife's petition. Divorce by ṭalāq is a divorce application that a husband declares to
his wife in front of the court. Divorce by ṭalāq is a term specifically used in the Religious
Courts to distinguish divorce claimed by a wife. The divorce petition by a wife is submitted
formally to the Court (Azizah, 2012: 416, Hadikusuma, 1990: 171, Government Regulation
No. 9 of 1975).
The effect of the Marriage Law No. 1 of 1974 on Indonesian Islamic law is a matter
of dispute. Many Muslims have appreciated Article 2 (1) of the Law that a marriage is valid
when it is performed based on the religious law of the parties, marking the first formal
recognition of Islamic rules and the end of the hated reception theory. This has fundamentally
changed marriage rules for Muslims, including marriage registration and court approval
requirements for divorce and polygamy (Cammack, 1997, Idri, 2009, Keener, 2002). The
modernization of the Islamic judiciary following the implementation of the Marriage Act was
initially carried out as a matter of executive-branch policy without formal legislative
authorization. In 1989, the Religious Judicature Act was formalized and elevated the Islamic
court to a status essentially equal to the state court or general court (Cammack & Feener, 2012).
Law No.1 of 1974 tends to complicate and limit a divorce. A husband who wants to
divorce his wife must also submit his case to the court desk with evidence and legal reasons.
In fact, according to the regulation, a husband and wife who wish to divorce can only submit a
petition to the court. Even though the husband has the right to declare divorce, it can only be
valid and legal with the court's approval and conducted in front of the judges. This is as
stipulated in Article 39 (1) of Law No.1 of 1974 and Article 115 of KHI. Furthermore, Article
116 of the KHI states that the grounds of divorce include: (1) one party commits adultery or
drunkenness, gambling and others that are uneasy to cure; (2) one party leaves the other for
two consecutive years without any information or permission and a valid reason or because of
other matters beyond their means; (3) one party is sentenced by imprisonment to five years or
a more severe sentence after marriage; (4) one party commits atrocities or severe abuse,
endangering the other party; (5) one party suffers from a disability or illness that resulted in the
inability to carry out obligations as a wife or husband; (5) continuous conflicts or disputes
between the husband and wife, without the possibility to reunite as a whole family.

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Interestingly, although the state has restricted the reasons for divorce, it tends to
increase in urban Muslim society. Such an increase also generally occurs in various other urban
areas such as Surabaya, Central Jakarta, Bandung, and the Special Region of Yogyakarta.
Divorce among Middle-Class Muslims in Yogyakarta
Middle-Class Muslims: Who Are They?
The development of middle-class Muslims in Indonesia has increased along with the
nation's development. There are at least four reasons why the middle class is a significant force.
First is because the middle class has a close relationship with democracy. If democracy has
interrelated relationships with development, this also means that it influences the middle class.
Second, middle-class Muslims generate entrepreneurs who create jobs that trigger productivity
in society. Third, the middle class creates the accumulated human resources value that is
significant for economic growth. Fourth, the middle class demands the production of highquality goods. This encourages productivity and production scale with sufficient capacity and
resources. In the end, this contributes to more dynamic economic growth (Nizar, 2015: 171).
Apart from their contribution to economic growth, the middle class also plays a role in
politics. As explained, the middle class generally supports the democratization process in
Indonesia. This is in line with the fact that the solid middle class contributes to the excellent
democracy mechanism (Rahardjo, 1999).
Economically, the Asian Development Bank composes the categorization of middleclass expenditure into three groups: lower middle class with USD 2-4 daily expenditure;
middle-middle class with USD 4-10 daily expenditure; upper-middle class with USD 10-12
daily expenditure. A striking problem in middle-class life is that it leads to improved quality
of life and the fulfillment of social needs (Jati, 2015).
In the context of Yogyakarta city, the middle class is increasing. The unstoppable wave
of modernization has led to an increasing number of middle-class groups in Yogyakarta. This
increase can be seen from the development of religious symbols in various places in
Yogyakarta. Among the examples are Islamic-oriented lifestyles, including clothing and
consumerism (Sanaky et al., 2018).
The middle-class Muslims in Yogyakarta city continue to experience changes in
response to modernity. This acceptance generally influences the system of thinking, life, and
even religion. In the economic context, for example, modern society pays special attention to
the production and consumption of goods and services where money is the primary factor. In
its development, modernity evolved in a vast space, including religion, social life and culture
(Rofhani, 2013). In the context of religion, middle-class Muslims respond to modernism with
a new religious model, which is later referred to as urban Sufism (Sanaky et al., 2018).
In general, the majority of Yogyakarta city people are Muslims, with 82.92 percent of
the population (BPS Kota Yogyakarta, 2018). In the context of social education, in 2016, the
number of workers with an undergraduate degree (S1 and D4) amounted to 45.21 percent.
Meanwhile, those with graduate degree education (S2) experienced an increase of 5.74 percent
to 6.12 percent (BPS Kota Yogyakarta, 2017). In 2017, that number increased from 6.21
percent to 6.39 percent (BPS Kota Yogyakarta, 2018). These data signify an increase in the
middle class, one of which is marked by the increase in the education level in the community.
The strengthening of the economy also marked an increase in the middle-class Muslim
community in Yogyakarta. Economic activities of the Muslim community often use religious
symbols. This can be found easily in Yogyakarta city, such as Islamic headscarves, halal

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fashion and the food business, which urban Muslims mostly promote. Jati mentions this
phenomenon as the bourgeois, as they usually try to exclude themselves (Jati, 2016).
Education and the economy are the markers of the increase in the number of middleclass Muslims in Yogyakarta. This phenomenon has become instrumental in changing and
developing discourses, including legal and religious discourse. The existence of a strategic
middle-class Muslim is the link between the lower and upper classes, so the discourse that
develops among middle-class Muslims becomes a central issue.
Divorce Trend in Yogyakarta: A General Overview
Although it has been widely studied, divorce is always interesting to discuss
academically. This is because the number of divorce applications submitted to court is
increasing. In general, divorce cases in the religious courts throughout Indonesia from 2009 to
2015 showed an increase. This is demonstrated in the following table:
(https://Badilag.Mahkamahagung.go.Id/, n.d.)
No.

Year

Amount of Suit Divorce

Amount of Talaq
Divorce

1.

2009

171,477

86,592

2.

2010

190,280

94,099

3.

2011

215,368

99,599

4.

2012

215,707

98,028

5.

2013

231,478

100,772

6.

2014

254,951

106,608

7.

2015

241,202

96,516

This increase also occurred in Yogyakarta City, although quantitatively, the increase is
not as high as in other areas of the Special Region of Yogyakarta (DIY). Nevertheless, the
complexity of the problems that occur in the city of Yogyakarta is significant, as it is more
diverse and complicated than in other DIY areas. The phenomenon of divorce in the city of
Yogyakarta in the past two years, from 2017 to 2018, can be seen as follows: (Observation,
2019)
No.
1.
2.

Year
2017
2018

Talaq Divorce
144
159

Suit Divorce
513
527

Total
657
686

Yogyakarta City Court is one of the courts in the Special Region of Yogyakarta. There
are four other areas in the region: Bantul, Sleman, Wonosari, and Kulonprogo. The Yogyakarta
City Religious Court has a jurisdiction consisting of 14 sub-districts covering 45 sub-districts.
Demographically, the area of the city is not as large as other areas, so in total, it is not as many
as other regions, such as Sleman, Wonosari, and Bantul.
The case in Yogyakarta City is relatively unique and complex, and its divorce cases are
even more complex than in other regions. The cases of divorce here often involved a number
of relevant issues, including the demand for financial compensation during the 'iddah period
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and child maintenance from divorced wives. In Wonosari and Bantul, for example, women
tend to surrender and "accept" and do not usually include such demands. This indicates that
there has been a shift in the value of society within this different context. Furthermore, the
people of the city of Yogyakarta have a high awareness of the importance of maintaining their
rights. They tend to fight for such rights and maintain their pride, which is again different from
a more traditional society that often solves problems through discussion.
The Grounds for Divorce among Middle-class Muslim Women: Legally Written and UnWritten
Before we come to the discussion of grounds for divorce among middle-class Muslim
women, we will first explain what we mean by grounds here. This is to not complicate with
factors that bring spouses, or women, in this context, to sue for divorce. What we mean by
'grounds' here are the conditions presented by petitioners when suing for divorce. Meanwhile,
'factor' refers to more universal issues that lead to the rise of the grounds and lead petitioners,
or again women in this context, to sue for divorce. It is significant to mention that many
researchers have mixed these two issues, which we understand differently.
Divorce in various countries has been increasing for many years, with women
dominating the petitions. The divorce grounds also vary. However, some studies noted that
infidelity, domestic violence, and alcohol or drug consumption are the dominant causes
reported (Amato & Previti, 2003). In Korea, for example, the high number of divorces is
motivated by lousy husbands' behavior and financial problems (Chang, 2004). In Iran, among
the divorce grounds are unfulfilled wives' psychological needs, poor social skills of husbands
and families, as well as personal and family difficult relationships (Khojastehmehr & Takrimi,
2009). In the context of Southeast Asian societies, urbanization becomes the primary cause of
changes in the factors and backgrounds of divorce (Jones, 2023).
In Indonesia, especially East Jakarta in 2014, the grounds for divorce petitioned by both
wives and husbands were dominated by socio-economic characteristics, including working
wives, unemployed husbands, and family disharmony. Likewise, what happened in Aceh is
that divorce often occurs resulting from early marriage, economic incompatibility, lack of
offspring, and violence committed by the husband (Matondang, 2014). As for trends in
Banyuwangi, the reported grounds for divorce are economic problems (37.5%), infidelity
(30%), disharmony in the household due to communication problems and domestic violence
(17.5%), and husbands' inability to fulfill their rights (15%) (Harjianto & Jannah, 2019).
While these studies mixed issues leading to divorce and categorized them as factors or
grounds, Nurlaelawati differentiates the grounds from factors. She argues that divorce
petitioned by wives was often filed due to economic grounds and continuous disputes, resulting
from husbands' bad behavior, drug addiction, polygamy and extra-marital affairs committed by
husbands (Nurlaelawati, 2013). Another factor leading to divorce, as noted by Suryaningrum,
is the absence of children in marriage (Suryaningrum, 2019, Nurlaelawati, 2013).
This study found that divorce within middle-class Muslim society in Yogyakarta City
is petitioned mainly by women with higher education and economic independence. Among the
grounds are disputes motivated by the women's failure to express their self-esteem and have
equal rights, as well as different principles in decision-making among spouses. With gender
awareness and knowledge of their equal rights, these women reject all types of gender injustice,
stereotypes, discrimination, subordination, marginalization, and gender-based violence. These
conditions then culminate into what we call 'soft protracted disputes.'

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Among the needs of the middle-class Muslim community in Yogyakarta City are
economically fulfilled. The basic needs sufficiency will increase the level of needs (Jarvis,
2017). In the context of middle-class Muslims in Yogyakarta City, the increase in the desire
for marriage is strongly mingled with the need for self-expression and self-actualization. The
freedom to self-actualize through work and other social activities is necessary to meet one's
self-appreciation. Problems will arise when one party is not allowed or is limited to selfactualize. This sense is apparent in the narratives of a female respondent interviewed. She
mentions:
"If what I have explained and done was not believed, why should I continue this
relationship? He wanted me to welcome him every time he came home. However, I also
have a job, so I could not welcome him every day. He is an architect. He joined
contractors to work and was rarely at home. Once he went home, he wanted to be served
even though I was busy outside. If he was outside, I had to understand him, but he never
wanted to understand my business. That is what I did not like. I cannot stand it if it is
restrained so much" ( EL, 2019).
The EL's narrative (a plaintiff) further strengthens that middle-class Muslims have
relatively complex problems in family relations. The need for economic fulfillment is not a
significant factor that often causes divorce, as each of the spouses generates income.
Furthermore, women of this class are brave enough to sue for divorce because they are not
worried about life after their divorce. Their needs in the family are to be respected and to have
an opportunity to actualize themselves in social life. Again, this is different from the case in
rural communities, where the economic problem becomes the main factor causing divorce and
where women are vulnerable to violence (de Vaus et al., 2017).
Besides self-expression, as noted above, women's awareness of their position and equal
rights in the family is another source of 'soft-protracted dispute'. It mainly happens when
decisions are not taken based on the agreement between spouses, leading to possible prolonged
conflicts. The basic principle of filing a divorce is 'intellectual distortion' or chaos of thinking.
Interestingly, women's awareness of their equal rights creates a 'soft protracted dispute'
resulting from forced sexual relations. The 1993 Declaration of the Abolition of Violence
Against Women categorizes forced sexual relations as a form of violence against women.
Therefore, forced sexual relations, as a form of violence, can be proposed as a consideration
for divorce, as exemplified by Decision No. 567 Pdt.G/2018/PA.Yk. The plaintiff, in her
principal argument, stated that the defendant often forced her to have sexual intercourse when
the plaintiff was in an unhealthy condition. It causes the plaintiff to be physically and mentally
injured.
In one of the Decisions, it is argued that sexual needs must be based on the readiness
of the two. The plaintiff demands that awareness of gender relations be held in a balanced
manner between spouses. This case shows that the woman is aware of her position and
bargaining power. She stressed that her husband should not impose his wishes without her
agreement. Such an attitude is also widely demonstrated by other female litigants. The stories
and familial issues in Decision No., 597/Pdt.G/2018/PA.YK illustrated how differences in
marital ideas or principles constitute another ground for women to petition for a divorce. In
other words, the agreement on the marital principle constitutes the primary basis within middleclass Muslim communities in building a fair and happy marriage.
The cases above showed that the definition of marriage for the middle class is not as
simple as others understand it. To the middle class, marriage is not merely to unite two persons
and two families but is also to unite their principles, thoughts, characters, and goals. In
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achieving the goal of marriage, couples need clear instruments accordingly. In fact, scholars
and sociologists argue that an unclear goal in marriage can cause a divorce. This has reminded
us of the bargaining theory. Each party has a bargaining position and power in a relationship,
and how couples negotiate agreements in a relationship includes the division of labor and roles.
This bargaining process is based on both parties' ability and willingness. According to
this theory, divorce is also the result of an agreement (Lundberg & Pollak, 1996). The cases
that happened to the three women discussed above strengthened that a 'forced' agreement can
lead to divorce. Both spouses agreed to divorce because of different ways of thinking. Within
this particular condition, many couples remained in a good relationship, as shown in how they
appeared in court and came together to court in the same car. Others with quite serious
disagreement, however, seemed to be desperate, as illustrated by the case where sexual
disharmony was involved.
Triggering Factors to Legal Attitudes of Middle-Class Muslim Women
In the theory of negotiation, a family is essentially a sustainable negotiation process.
Each party always negotiates with its partners to fulfill family needs and interests (Wernerfelt,
2008). The theory of negotiation in marital life plays a crucial role in middle-class Muslim
society. Lundberg and Pollak stated that in the context of divorce, it was the result of an
agreement from the negotiation process (Lundberg & Pollak, 1996). This was like what
happened to AP and her partner. They came together to the Religious Court in one car. When
the trial was over, AP took care of several matters while her husband waited for her. Then, they
returned home together. This phenomenon shows how a community values divorce. In rural
communities, divorce is viewed as something disgraceful, flawed, and embarrassing. This is
different from the general urban people's view, especially in the City of Yogyakarta, where
divorce is deemed to be normal and to be proposed in an unhappy marriage. In this context,
some judges view that urban society has considered marriage relatively unsacred, and they see
that divorce is no longer taboo (Rohbiati, 2019). What the judges said is, in fact, evident from
the reality (Observation, 2019). While the traditional rural community still views divorce as
taboo, shameful, and to be avoided as much as possible, the urban communities see divorce as
something common and even, in some cases, some had experienced three times divorce
(Observation, 2019).
In addition to the grounds of divorce petition among middle-class Muslim women, as
has been discussed above, a number of factors have contributed to this and influenced the
change in the divorce paradigm among this group. The factors include self-esteem and high
career following their understanding of their rights and fair gender roles.

Education Leading to Self-Esteem and High Career
Murdock confirmed that a low level of education can lead to divorce (Murdock, 1950,
pp. 199–220). He links it with the communication issue, an essential aspect of building a secure
marital relationship. In his view, communication failure and negotiation will result in divorce
(Wolcott & Hughes, 1999).
Voydanoff's research reveals that education and income will be able to facilitate
successful marriages or reduce divorce rates. Amato and Previti even argue that the higher the
education, the better the communication pattern will be (Amato & Previti, 2003).
In the context of middle-class Muslims in the City of Yogyakarta, high levels of
education do not necessarily prevent them from divorce. Conversely, it can result in a high
potential for divorce, particularly among spouses without an equal understanding of fair roles.
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As discussed above, women have become increasingly aware of their rights and dare to voice
their anxieties and bad experiences in the family, while men are backwards in this issue. One
of the informants (the applicant) expressed anxiety about the behavior of his wife, who often
argued. He stated that this was due to emancipation and because the defendant had higher
education (AP, 2019). The statements of judges Farchanah, Emy and Ulil support this fact.
Judge Farchanah stated that:
"The divorce factor can be influenced by education. Women know better, due to their
formal education or knowledge, about the broader terms of their relationship. In the
past, women kept silent. Nowadays, cell phones and other things help women gain
information and knowledge. Divorce is now taboo, right? Divorce now has shifted"
(Farchanah Muqaddas, 2019).
In contrast to the previous scholars' arguments, the above explanation shows that access
to higher education has greatly affected the marital paradigm. It is essential to note that the
education here does not only mean a formal education but also an informal one, including
through technological access. Modernity that continues to develop, especially in urban areas,
including the City of Yogyakarta, has changed the perspective and attitude in the family
context. The presence of this modernity has also allowed people to interact more broadly,
dynamically, and freely. Greater openness and access affect the formation of middle-class
Muslim paradigms towards the ideal form of family relationship. At the same time, there is an
encounter between the culture of modernity brought by the West and the Islamic values
inherent in a Muslim. Urban Muslims try to construct themselves to find identity, one of which
is by opening up to the changes that occur (Rofhani, 2013b).
Training and Advocacy: Knowledge and Awareness of Fairly Gendered Roles
As widely acknowledged, the construction of gender is different from sex. Sex is a
human gender definition based on biological features, while gender inherently results from
cultural and social constructions. For example, women are associated with the qualities of
gentleness, maturity, and emotional behavior, while men are associated with the nature of
firmness, strength, and rationality (Fatimah, 2012, Muqoyyidin, 2013, Nursyam, 2012).
In the City of Yogyakarta, several social institutions are concerned about guarding
equality, humanitarian issues, and Islam. Among these institutions are Rifka Annisa, the
Women's Study Center (PSW) of the State Islamic University of Sunan Kalijaga, the Center
for Human Rights Studies of the Islamic University of Indonesia (PUSHAM UII) and the
Center for Islamic Studies of the Islamic University of Indonesia (PSI UII). Each institution
focuses on dealing with the issues of humanity, equality, and empowerment, as well as Islamic
and gender discourses.
These institutions are relatively active - besides other Higher Education institutions in spreading Islamic and humanitarian discourse and equality. One of these institutions is
Rifka Annisa. Those dealing with legal cases in the Religious Court have appeared to welcome
this institution. It offers information on steps to be taken in the litigation process involving
women and children. WD, for example, is among the litigants who benefited from the
existence of Rifka Annisa. In an interview with WD, she admitted that before her divorce, she
sought help and obtained it from Rifka Annisa. WD saw that Rifka Annisa, whom she knew
from the website, was helpful during her divorce proceeding (WD, 2019).
These institutions allow the broadening of perspectives on the Islamic discourse of
urban Muslim women, especially those related to gender and humanity. Other related
institutions are university-based, including PSW UIN Sunan Kalijaga and PSI UII Yogyakarta.
They have been actively engaged in organizing activities, such as seminars and workshops on
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Bargaining Equal Spousal Roles in Marital Life

women's roles in public and private spheres. PSI UII, in collaboration with Cordaid Netherland,
published a module on gender, "Modul Kursus Gender Jogja", and books related to gender
issues (Edi Safitri, 2019).
However, some view gender awareness as a double-edged sword. Yodanis saw a
correlation between the high divorce trend and a good awareness of gender equality (Yodanis,
2005, p. 654). He posits that women with high gender awareness are in an easier position to
file for divorce as they have a high bargaining position. Similar to Yodanis, Andaryuni sees
gender awareness to be one of the factors that influence the increasing trend of divorce filed by
women, which was also influenced by the level of education, women's economic independence,
and many institutions working on women's issues (Andaryuni, 2017).
This study confirmed those findings. All the ten informants interviewed had good levels
of education and economic independence. This shows the bargaining values of the family and
the division of egalitarian roles within the family. This also confirms that strengthening gender
understanding has significant implications for women's attitudes in their households
(Nurlaelawati, 2013).
What happened to Ana, one of the respondents, illustrates this. She pointed out that she
had been assured about her decision to dissolve her marriage and was not afraid of taking all
the burden, except her neighborhood's gossiping, which she believed would not happen (Ana,
2019). She also asserted that she felt secure in terms of financial needs. Ana believed that she
is able to bear it. Ana stated '“I have been ready for the consequence. My neighbors also did
not ask me anything. I hope they did not say nonsense behind me. I am just afraid of being
subject to their laugh”.
Furthermore, she said that she would forego all the consequences of her decision. Ana’s
statement shows a woman’s independence when facing divorce. Her happiness is more
important than others’ judgement of her. She argued that if happiness were not found in
marriage, divorce would be the best way. Ana’s case shows that women have the power and
confidence to file for divorce. This has confirmed Andaryuni’s argument that women with
gender awareness seem to be not hesitant to sue for divorce, mainly when their expectations in
marriage fail. They also no longer see divorce and becoming a widow as taboo (Andaryuni,
2017).
It is also important to note that gender awareness is essential among women and men.
It is not only about women and their struggle to access gender justice. It is not about how
women are trained and familiar with their equal rights and roles but how both women and men
equally understand the concept of partnership in Islam. Wadud argues that the Quran does not
consider a woman a type of man or a part of man in all the verses. Men and women are two
categories of human species who have the same potential and opportunities (Wadud, 1999).
Accordingly, gender awareness would not work well without the involvement of both sexes.
This study indicates that gender equality echoed by those institutions has limitedly
touched male participation. This leads to bias and strong patriarchal attitudes. Some see gender
awareness within women as a threat to male masculinity culture, as is expressed clearly by AP.
He is resistant to the notion of gender equality and considers it to threaten the interrelation
between a husband and wife.
Litigating Unequal Spousal Roles at Islamic Court and Judges’ Approach
Religious Court judges, including Emy and Fachan, realize the increasing number of
divorce petitions among middle-class Muslim women. Judge Emy, for example, stated that, in
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Bargaining Equal Spousal Roles in Marital Life

the past, women were powerless when their husbands left them without financial support.
Nowadays, women have more courage to fight for their rights against inequality. Furthermore,
Judge Emy admitted to the changes in the divorce paradigm in middle-class Muslim society,
especially in the City of Yogyakarta. To her, this may not be a positive change when viewed
from the high divorce rate.
Considering the grounds for divorce presented in courts, nowadays, women often do
not present the divorce grounds specified in the laws. Nonetheless, the ground of “continuous
disputes” is flexible and interpretable. The judges considered some divorce grounds in the
petitions met the qualification of “continuous disputes”. Above all, judges consider that the
marriage is no longer wanted and the relationship has broken, even in a “soft” and “silent”
manner. This shows that judges’ understanding of equal gender relations strengthens their
sensitivity and capacity in dealing with gender-related cases. This is relevant to Nurlaelawati
and Salim’s argument that female judges have the same competence as their male counterparts.
However, at the same time, female judges have a higher sensitivity than men (Nurlaelawati &
Salim, 2013).
Furthermore, to strengthen their advocation of gender justice, the judges dig normative
principles by quoting the classical Islamic legal references, such as Fiqh al-Sunnah, al-Bājurī,
and Ghāyah al-Marām lī Shaykh al-Majdī, etc. In Decision No. 567/Pdt.G/2018/PA.Yk, a
divorce involving sexual violence, the Judges quoted the classical legal maxim contained in
Ghāyah Marām lī Shaykh al-Majdī It is stated that if the wife’s displeasure towards her husband
has peaked, the judge can grant irrevocable divorce (ṭalāq bā’in ṣughrā). This decision was
strengthened with the principles of fiqh of “lā ḍarara wa lā ḍirār” (not to harm yourself or
others). As in many cases, judges tended to combine religious doctrines from the Quran,
Hadith, and ijtihād with the notions of maṣlaḥah to strengthen their gender arguments.
The above findings are also supported by Dahlan et al. ( 2023), mentioning the
increasing gender sensitivity in Indonesia's divorce context. Efforts in women’s rights
protection can be seen in the fulfillment of post-divorce maintenance rights, consisting of
‘iddah, mut’ah, or ḥaḍānah. With their ex-officio rights, judges can grant these maintenance
rights to women without being petitioned.
The more gender-sensitive paradigm among judges could potentially be influenced by
the family law reform paradigm after the ratification of the Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW) (Nasution, 2022). Nasution’s study
further strengthens the findings of this research, stating that judges have become more
progressive, corresponding to the development of urban societies, which are more sensitive
toward gender issues.
Conclusion
This study draws several conclusions. First, high education and career have contributed
to the complexity of marital relationships in the middle-class society of the City of Yogyakarta.
Second, there have been changes in divorce grounds petitioned by women. Apart from financial
issues and continuous disputes, new grounds for divorce include the failure of women to
express their self-esteem and play equal roles in the family, arising from the increasing gender
awareness. These later grounds are often included in continuous disputes. Third, the increasing
gender awareness, encouraged by women’s organizations such as Rifka Anisa, contributes to
women’s courage to petition for divorce in court. Women’s economic independence also
supports their decision.

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Fourth, there have been differences in the increasing gender awareness among men and
women. Men have tended to hold their masculinity bias and feel more authoritative in the
family, while women have sought the need for equal role division in the family. Last, the judges
in the Religious Court consider classical fiqh texts to interpret the legally uncategorized
grounds of divorce presented by women from middle-class society in the City of Yogyakarta.
References
Amato, P. R., & Previti, D. (2003). People’s Reasons for Divorcing: Gender, Social Class, the
Life Course, and Adjustment. Journal of Family Issues, 24(5), 602–626.
Andaryuni, L. (2017). Pemahaman Gender dan Tingginya Angka Cerai Gugat di Pengadilan
Agama Samarinda. FENOMENA, 9(2), 155–174. https://doi.org/10.21093/fj.v9i2.946
AP (Apllicant). (2019). Personal communication, 2 April.
Asqalani, I. H. al-. (n.d.). Bulūgh al-Marām. Dār al-Kitāb al-‘Ilmiyyah.
Azizah, L. (2012). Analisis Perceraian dalam Kompilasi Hukum Islam. Al-’Adalah, 10 (2),
415–422. https://doi.org/10.24042/adalah.v10i2.295
Bohmer, C., & Lebow, R. N. (1978). Divorce Comparative Style A Paradigm of Divorce
Patterns. Journal of Divorce, 2(2), 157–173.
Bello, D. A. (2009). Marriage and Divorce in Islam. In MPRA Paper (23194; MPRA Paper).
University
Library
of
Munich,
Germany.
https://ideas.repec.org/p/pra/mprapa/23194.html
BPS Kota Yogyakarta. (2017). Statistik Daerah Kota Yogyakarta 2017. BPS Kota Yogyakarta.
BPS Kota Yogyakarta. (2018). Statistik Daerah Kota Yogyakarta 2018. BPS Kota Yogyakarta.
Cammack, M. (1997). Indonesia’s 1989 Religious Judicature Act: Islamization of Indonesia or
Indonesianization of Islam? Indonesia, 63, 143–168. https://doi.org/10.2307/3351514
Cammack, M. E., & Feener, R. M. (2012). The Islamic Legal System in Indonesia. Pacific Rim
Law & Policy Journal, 21(1).
Chang, J. (2004). Self-Reported Reasons for Divorce and Correlates of Psychological WellBeing Among Divorced Korean Immigrant Women. Journal of Divorce & Remarriage,
40(1–2), 111–128. https://doi.org/10.1300/J087v40n01_08
Cholil, M. (2017). Complexities in Dealing with Gender Inequality: Muslim Women and
Mosque-Based Social Services in East Java Indonesia. Journal of Indonesian Islam,
11(2), Article 2. https://doi.org/10.15642/JIIS.2017.11.2.459-488
Cholil, M., & Sudirman, S. (2019). Gender Equality in Islamic Family Law: Breaking the
Chain of Domestic Violence to Achieve Harmonious Family. Kafa`ah: Journal of
Gender Studies, 9(2), Article 2. https://doi.org/10.15548/jk.v9i2.270
Dahlan, A. R., Fathinuddin, F., Azizah, A., Yunus, N. R., Shapiulayevna, A. P., & Ali, Y.
(2023). Women’s Post-Divorce Rights in Malaysian and Indonesian’s Court Decisions.
AHKAM :
Jurnal
Ilmu
Syariah,
23(1),
Article
1.
https://journal.uinjkt.ac.id/index.php/ahkam/article/view/27967
de Vaus, D., Gray, M., Qu, L., & Stanton, D. (2017). The Economic Consequences of Divorce
in Six Oecd Countries. Australian Journal of Social Issues, 52(2), 180–199.
https://doi.org/10.1002/ajs4.13
49 | AHKAM – Volume 24, Number 1, 2024

Bargaining Equal Spousal Roles in Marital Life

Edi Safitri, E. (2019). Personal communication, 10 April
EL. (2019). Personal communication, 18 February.
Fatimah. (2012). Gender dalam Bingkai Budaya, Islam dan Transformasi Sosial. Jurnal
Musawa, 4(1), 59–70.
Fikri, F., Saidah, S., Aris, A., & Wahidin, W. (2019). Kontekstualisasi Cerai Talak dalam Fikih
dan
Hukum
Nasional
di
Indonesia.
Al-Ulum,
19(1),
Article
1.
https://doi.org/10.30603/au.v19i1.643
Fortier, C. (2012). The Right to Divorce for Women (khul) in Islam: Comparative Practices in
Mauritania and Egypt. In M. Rubya (Ed.), Interpreting divorce laws in Islam (pp. 155–
175). DJOF Publishing.
Hadikusuma, H. (1990). Hukum Perkawinan Indonesia Menurut Perundang-Undangan,
Hukum Adat dan Hukum Agama. Mandar Maju.
Handalusia, H. V., Chaikal, N., & Gerald, M. N. W. (2018). Partners Not for Life? On the
Determinants of Marriage Dissolution in Indonesia. E3S Web of Conferences, 74,
10019. https://doi.org/10.1051/e3sconf/20187410019
Harjianto, H., & Jannah, R. (2019). Identifikasi Faktor Penyebab Perceraian Sebagai Dasar
Konsep Pendidikan Pranikah di Kabupaten Banyuwangi. Jurnal Ilmiah Universitas
Batanghari Jambi, 19(1), Article 1. https://doi.org/10.33087/jiubj.v19i1.541
Hasyim, A. M. (2015). The Principles of Tightening Divorce in Semarang High Religious
Court in Maqasid Al-Shari’ah Perspective. Al-Mawarid: Jurnal Hukum Islam, XV(1).
Https://badilag.mahkamahagung.go.id/. (n.d.).
Idri. (2009). Religious Court in Indonesia: History and Prospect. Journal of Indonesian Islam,
3(2), 297. https://doi.org/10.15642/JIIS.2009.3.2.297-313
Ilyas, H., Sodik, M., Rohmaniyah, I., Universitas Islam Negeri Sunan Kalijaga, & Pusat Studi
Wanita (PSW). (2005). Perempuan Tertindas? Kajian Hadis-Hadis ‘Misoginis’.
ELSAQ Press : Pusat Studi Wanita (PSW), UIN Sunan Kalijaga.
Imron, A. (2016). Memahami Konsep Perceraian dalam Hukum Keluarga. BUANA GENDER :
Jurnal Studi Gender Dan Anak, 1(1), 15–27. https://doi.org/10.22515/bg.v1i1.66
Jarvis, M. (2017). Teori-Teori Psikologi: Pendekatan Modern Untuk Memahami Perilaku,
Perasaan, dan Pikiran Manusia. Nusa Media.
Jati, W. R. (2014). Tinjauan Perspektif Intelegensia Muslim terhadap Genealogi Kelas
Menengah Muslim di Indonesia. ISLAMICA: Jurnal Studi Keislaman, 9(1), 1–29.
https://doi.org/10.15642/islamica.2014.9.1.1-29
Jati, W. R. (2015). Less Cash Society: Menakar Mode Konsumerisme Baru Kelas Menengah
Indonesia. Jurnal Sosioteknologi, 14(2). https://doi.org/10.5614/sostek.itbj.2015.14.2.1
Jati, W. R. (2016). Kelas Menengah dalam Bingkai Middle Indonesia. Jurnal Politik, 1(2),
331–337. https://doi.org/10.7454/jp.v1i2.20
Jones, G. W. (2023). Muslim and Non-Muslim Divorce Trends in Southeast Asia in the 21st
Century.
Asian
Journal
of
Social
Science,
51(3),
137–145.
https://doi.org/10.1016/j.ajss.2023.04.004
Keener, R. M. (2002). Indonesian Movements for the Creation of a ‘National Madhhab’.
Islamic Law and Society, 9(1), 83–115.
AHKAM – Volume 24, Number 1, 2024 | 50

Bargaining Equal Spousal Roles in Marital Life

Khojastehmehr, R., & Takrimi, A. (2009). Identification of Divorce Factors of Women. 9,
3758–3763.
Kodir, F. A. (2018). Qirā’ah Mubādalah; Tafsir Progresif untuk Keadilan Gender dalam
Islam. Ircisod.
Kurdī, A. al-Hajī al-. (2007). Abgadu al-Ḥalāl ‘IndaAllāh. Dār Iqra’.
Lundberg, S., & Pollak, R. A. (1996). Bargaining and Distribution in Marriage. Journal of
Economic Perspectives (Nashville), 10(04), 139–158.
Matondang, A. (2014). Faktor-faktor yang Mengakibatkan Perceraian dalam Perkawinan.
JPPUMA Jurnal Ilmu Pemerintahan dan Sosial Politik Universitas Medan Area, 2(2),
Article 2. https://doi.org/10.31289/jppuma.v2i2.919
Muqoyyidin, A. W. (2013). Wacana Kesetaraan Gender: Pemikiran Islam Kontemporer
tentang Gerakan Feminisme Islam. Al-Ulum, 13(2), 490–511.
Murdock, G. P. (1950). Family Stability in Non-European Cultures. The ANNALS of the
American Academy of Political and Social Science The ANNALS of the American
Academy of Political and Social Science, 272(1), 195–201.
Muqaddas, F. (2019). Personal communication, 26 March.
Nasution, K. (2022). Implementation of CEDAW in Indonesian Marriage Laws. In
International Law between Translation and Pluralism: Examples from Germany,
Palestine
and
Indonesia.
Harrassowitz
Verlag.
https://www.jstor.org/stable/j.ctv337mjpf
Nizar, M. A. (2015). Kelas Menengah (middle class) dan Implikasinya bagi Perekonomian di
Indonesia. In Zuprianto (Ed.), Bunga Rampai Ekonomi Keuangan (Vol. 8).
Nagakusuma Media Kreatif.
Nurlaelawati, E. (2013). Muslim Women in Indonesian Religious Courts; Reform, Strategies,
and Pronouncement of Divorce. Islamic Law and Society, 20(3), 242–271.
https://doi.org/10.1163/15685195-0010A0003
Nurlaelawati, E., & Salim, A. (2013). Gendering the Islamic Judiciary: Female Judges in the
Religious Courts of Indonesia. Al-Jami’ah: Journal of Islamic Studies, 51(2), Article
2. https://doi.org/10.14421/ajis.2013.512.247-278
Nursyam. (2012). Konsep Kesetaraan Gender dalam Pemikiran Islam (Sebuah Pendekatan
Autokritik). Jurnal Musawa, 4(2), 215–232.
Observation. (2019).
Observation at Pengadilan Agama IA Yogyakarta on February 19, 2019.
Premchand, D., & Gavin, J. (2011). Divorce Trends in Asia. Asian J. Soc. Sci. Asian Journal
of Social Science, 39(6), 725–750.
Qibtiyah, A. (2009). Indonesian Muslim Women and the Gender Equality Movement. Journal
of Indonesiaan Islam, 3(1), Article 1. https://doi.org/10.15642/JIIS.2009.3.1.168-196
Qorry ’Aina. (2018). Membaca Kelas Menengah Muslim Indonesia. Jurnal Politik, 3(2), 323–
330. https://doi.org/10.7454/jp.v3i2.130
Rahardjo, M. D. (1999). Masyarakat madani: Agama, Kelas menengah, dan Perubahan Sosial.
LP3ES.

51 | AHKAM – Volume 24, Number 1, 2024

Bargaining Equal Spousal Roles in Marital Life

Rahimi, S. A., Shakarbigi, A. R., & Naderi, G. (2012). Phenomena Effects of Divorce on
Families and Society. Journal of Basic and Applied Scientific Research, 2(5), 4639–
4647.
Ritzer, G. (2012). Teori Sosiologi; dari Sosiologi Klasik sampai Perkembangan Terakhir
Postmodern. Pustaka Pelajar.
Rohbiati, N. E. (Judge). (2019). Personal communication. 26 March.
Rofhani. (2013a). Pola Religiositas Muslim Kelas Menengah di Perkotaan. Religió: Jurnal
Studi Agama-Agama, 3(1).
Rofhani, R. (2013b). Budaya Urban Muslim Kelas Menengah. TEOSOFI: Jurnal Tasawuf dan
Pemikiran Islam, 3(1), 181–210. https://doi.org/10.15642/teosofi.2013.3.1.181-210
Sanaky, H. A., Yusdani, Machali, I., Safitri, E., & Juliansyahzen, M. I. (2018). Fenomena
Sufisme Masyarakat Kelas Menengah Perkotaan di Daerah Istimewa Yogyakarta
[Penelitian]. DPPM UII.
Saputra, E., & Busyro, B. (2018). Kawin Maupah: An Obligation to Get Married After Talak
Tiga in the Tradition of Binjai Village in Pasaman District: a Maqasid al-Shari’ah
Review. QIJIS (Qudus International Journal of Islamic Studies), 6(2), Article 2.
https://doi.org/10.21043/qijis.v6i2.3738
Shaham, R. (1994). Judicial Divorce At the Wife’s Initiative: The Sharīah Courts of Egypt,
1920-1955.
Islamic
Law
and
Society,
1(2),
217–257.
https://doi.org/10.1163/156851994X00048
Sijistanī, S. bin A. as-. (1993). Sunan Abī Dāwūd. Dār al-Fikr.
Suryaningrum, N. (2019). Determinan Perceraian di Jakarta Timur Tahun 2014 (Studi Data
Pengadilan Agama dan Pengadilan Negeri). Forum Ilmu Sosial, 46(2), Article 2.
https://doi.org/10.15294/fis.v46i2.19627
Trigiyatno, A. (2020). Persaksian Talak: Perspektif Ulama Sunni dan Syi’ah Imamiyah. AlManahij:
Jurnal
Kajian
Hukum
Islam,
14(2),
Article
2.
https://doi.org/10.24090/mnh.v14i2.3928
Tuttle, J. D., & Davis, S. N. (2015). Religion, Infidelity, and Divorce: Reexamining the Effect
of Religious Behavior on Divorce Among Long-Married Couples. Journal of Divorce
& Remarriage, 56(6), 475–489. https://doi.org/10.1080/10502556.2015.1058660
Uswah, U. (Judge Religious Court of Yogyakarta City). (2019), 9 March. Personal
communication.
Voydanoff, P. (1990). Economic Distress and Family Relations: A Review of the Eighties.
Journal of Marriage and Family, 52(4), 1099–1115. https://doi.org/10.2307/353321
Wadud, A. (1999). Qur’an and Woman; Rereading the Sacred Text from a Woman’s
Perspective. Oxford University Press.
WD. (2019). Personal communication, 2 April.
Wernerfelt, B. (2008). Bargaining Before or After Communication? Journal of Institutional
and Theoretical Economics (JITE) / Zeitschrift Für Die Gesamte Staatswissenschaft,
164(2), 211–229.
Wolcott, I., & Hughes, J. (1999). Towards Understanding the Reasons for Divorce. Australian
Institute of Family Studies.

AHKAM – Volume 24, Number 1, 2024 | 52

Bargaining Equal Spousal Roles in Marital Life

Yodanis, C. (2005). Divorce Culture and Marital Gender Equality: A Cross-National Study.
Gender & Society, 19(5), 644–659.

53 | AHKAM – Volume 24, Number 1, 2024

Bargaining Equal Spousal Roles in Marital Life

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