Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Vol. 10, No. 2, Desember 2023,(161-177)
https://doi.org/10.32505/qadha.v10i2.6698
https://journal.iainlangsa.ac.id/index.
p-ISSN 2356-1637 | e-ISSN 2581-0103

Nusyuz and Domestic Violence in Indonesia: Reinterpreting
Punishment Using the Ma'nâ al-Haml Method
Harwis1*, Marini Abdul Djalal3
IAIN Ternate, Indonesia
email: marini@iain-ternate.ac.id
*Corresponding Author
Submitted : Jul 15, 2023

Accepted: Nov 24, 2023

Published: Dec 15, 2023

How to Cite (Chicago): Harwis, Harwis, and Marini Abdul Djalal. 2023. “Nusyuz and Domestic Violence in
Indonesia: Reinterpreting Punishment Using the Ma’nâ Al-Haml Method”. Al-Qadha : Jurnal Hukum Islam Dan
Perundang-Undangan 10 (2). https://doi.org/10.32505/qadha.v10i2.6698.

Abstract
Tafsir and classical jurisprudence provide three stages of solutions for a nusyûz wife. Stages
of advising, separating beds, and hitting. This interpretation of nusyûz and the solution to
hitting is not appropriate to the current context, so it is necessary to expand the meaning
with a ma'nâ al-haml approach. Ma'nâ al-haml is used by bringing the meaning of a
pronunciation to a more relevant meaning in terms of conditions, time, and space. This
research uses a qualitative approach in analyzing, explaining, describing, and revealing
research results. Research conducted in libraries is the method utilized to gather data. This
study looks at how nusyûz solutions are interpreted in traditional tafsir and fiqh literature. It
then reinterprets them using the ma'nâ al-haml approach by considering the views of
modern ulama.These interpretations are then analyzed for their relevance to the laws in force
in Indonesia as conditions, space, and time for understanding the pronunciation of the text
using the ma'nâ al-haml approach. This research concludes that nusyûz is not caused by the
wife's disobedience but rather by her bad morals or the bad morals of her partner. Nusyuz
can not only occur from the wife's side but can also occur from the husband's side. Therefore,
with the ma'nâ al-haml approach, you need to introspect yourself when dealing with nusyûz
issues before giving signals to your partner. The solution to a nusyûz partner is not by
hitting them but by discussing and negotiating to find the best solution.
Keywords: Classical jurisprudence, Nusyûz, Ma’nâ al-haml, Domestic violence
Abstrak
Tafsir dan fikih klasik memberikan tiga tahapan penyelesaian bagi istri nusyûz. Tahapan
menasihati, memisahkan tempat tidur, dan memukul. Penafsiran nusyûz dan solusi
memukul ini kurang sesuai dengan konteks saat ini, sehingga perlu diperluas maknanya
dengan pendekatan ma'nâ al-haml. Ma'nâ al-haml digunakan dengan membawa makna
suatu pengucapan kepada makna yang lebih relevan ditinjau dari kondisi, waktu, dan
ruang. Penelitian ini menggunakan pendekatan kualitatif dalam menganalisis, menjelaskan,
mendeskripsikan, dan mengungkapkan hasil penelitian. Penelitian yang dilakukan di
perpustakaan merupakan metode yang digunakan untuk mengumpulkan data. Kajian ini
Creative Commons Attribution-Noncommercial 4.0 International
(CC BY-NC 4.0)

161

Nusyuz and Domestic Violence in Indonesia …

melihat bagaimana solusi nusyûz dimaknai dalam literatur tafsir dan fiqih tradisional.
Kemudian ditafsirkan kembali dengan menggunakan pendekatan ma'nâ al-haml dengan
mempertimbangkan pandangan-pandangan ulama modern. Tafsir-tafsir tersebut kemudian
dianalisis relevansinya dengan peraturan perundang-undangan yang berlaku di Indonesia
dengan melihat kondisi, ruang, dan waktu untuk memahami makna teks tersebut.
menggunakan pendekatan ma'nâ al-haml. Penelitian ini menyimpulkan bahwa nusyûz
bukan disebabkan oleh ketidaktaatan istri melainkan karena buruknya akhlaknya atau
buruknya akhlak pasangannya. Nusyuz tidak hanya bisa terjadi dari pihak istri saja, namun
bisa juga terjadi dari pihak suami. Oleh karena itu, dengan pendekatan ma'nâ al-haml, Anda
perlu melakukan introspeksi diri saat menghadapi permasalahan nusyûz sebelum
memberikan isyarat kepada pasangan. Solusi terhadap pasangan nusyûz bukan dengan
memukulnya tetapi dengan berdiskusi dan bernegosiasi untuk mencari solusi terbaik.
Kata Kunci: Fiqh klasik, Nusyûz, Ma’nâ al-Haml, KDRT
Introduction
According to the Ministry of Women's Empowerment and Child Protection
(KemenPPPA), as of October 2022, there were 18,261 cases of Domestic Violence (KDRT)
throughout Indonesia, of which 79.5% or 16,745 of the victims were women. In addition to
these data, it can be confirmed from the KemenPPPA data that domestic violence also
affected 2,948 men. Therefore, men and women should not be ignored, because everyone is
at risk of becoming a victim of domestic violence. Meanwhile, in March 2021, Komnas
Perempuan recorded 8,234 cases of violence against women from National Commission of
Women’s partner service offices. The most prominent violence is in the household or
personal sector, not less than 79% or 6,480 cases. In 2020, of the 8,243 cases processed by
National Commission of Women, the most significant cases involve the personal sphere or
are categorized as Domestic Violence Cases.1
The triggers for the occurrence of domestic violence in Indonesia are varied, ranging
from economic problems, jealousy, and even other problems such as the wife's late return
home,2 as happened in Bitung, North Sulawesi. A husband with the initials PR brutally
abused his wife because he was late coming home from a birthday event held at his
neighbor's house. After the incident, his wife immediately reported her husband to the
police. The victim suffered a number of injuries to his face, and even had to receive medical
treatment from the Regional General Hospital (RSUD), Manembo-nembo Bitung.3
According to National Commission of Women’s report, reporting of cases of domestic
violence is increasing every year. Not long ago, the Indonesian people were shocked by
reports from a public figure with the initials LK against her husband RB who committed
1

2

3

Reza
Syahpahlevi,
“Upaya
Penanganan
Kasus
KDRT
Di
Indonesia,”
2022,
https://kumparan.com/reza-syahpahlevi/upaya-penanganan-kasus-kdrt-di-indonesia1zLlJrgpyZs/full.
Anastasia Kourti et al., “Domestic Violence During the COVID-19 Pandemic: A Systematic
Trauma,
Violence,
&
Abuse
Review,”
24,
no.
2
(April
1,
2023):
719–45,
https://doi.org/10.1177/15248380211038690.
Trisno Mais, “Sadisnya Suami Di Bitung Aniaya Istri Gegara Telat Pulang Dari Ultah Tetangga,”
2022.

162

domestic violence (KDRT) both physically and psychologically.4 In response, the National
Commission on Violence against Women understands the complexities of women victims of
violence in getting out of the cycle of violence that has occurred. Even though it has been
supported by various groups, the report was revoked by the FI with the consideration of the
impact on children and the hope that the condition of the household could be improved.5
The latest case that has shocked the Indonesian people is the case of a household public
figure with the initials VM who reported her husband FI to the police on suspicion of being a
victim of domestic violence on Tuesday 10 January 2023.6
Indonesia in 2018 even ranks 109th in the world's most common domestic violence
with female victims. 7 Supposedly, Indonesia with the largest Muslim population in the
world can be an example in the world with religious teachings that spread grace to all
nature. In addition, specifically in Qs. al-Rum/30: 21 it has been explained that the purpose
of marriage is to foster a harmonious household with the terminology of sakinah, mawaddah
wa rahmah (a peaceful household full of love and affection).
The household as a social institution is expected to be a place for warm and intensive
interaction between its members, a place to instill social values. As a legal institution, the
household is expected to be a safe and comfortable place for all its members, protect each
other, respect each other, love each other so that eternal happiness grows. However, on the
contrary, the household becomes an arena for acts of violence.8
In fact, the noble purpose of marriage is sometimes even damaged by acts of violence
committed by one partner, maybe even by both. The reasons are varied. Internal causes and
external causes. Internal causes involve the emotional personality or character of the
offender which makes it easy for him to commit acts of violence when there are problems
that trigger emotions. External causes are caused by triggers from outside the perpetrator's
personal, such as economic difficulties, interference from other family members or third
parties in the household. This research will focus on the internal causes of domestic violence.
According to criminologists from the bio-sociological school or convergence school, one of
the causes is the ideological factor. 9 One that forms ideology is the understanding of
religious texts.
Field research conducted by Alaniansyah and Nurzakiah concluded that most of the
interviewees stated that the concept of nusyûz is closely related to domestic violence. Because
people's perceptions are influenced by verse al-QS. al-Nisa/4: 34 concerning the settlement

4

5
6
7
8

9

163

Hasanudin Hasanudin et al., “Phenomena of Domestic Violence Against Women and Divorce in
2020-2022 in Indonesia: An Islamic Perspective,” Al-Manahij: Jurnal Kajian Hukum Islam, August 23,
2023, 137–52, https://doi.org/10.24090/mnh.v17i2.7686.
Ferinda K Fachri, “Kasus KDRT Meningkat Setiap Tahunnya,” 2022.
Dida Tenola, “Fakta-Fakta Venna Melinda Laporkan KDRT Ferry Irawan Ke Polisi,” 2022.
Hafit Yudi Suprobo, “Indonesia Tempati Peringkat Ke-109 KDRT Di Dunia,” April 2018.
Abdul Aziz, “Islam Dan Kekerasan Dalam Rumah Tangga,” Koordinat: Jurnal Komunikasi Antar
Peruguruan
Tinggi
Agama
Islam
16,
no.
1
(2017):
159–76,
https://doi.org/10.15408/kordinat.v16i1.6460.
A. Malthuf Siroj, “Kekerasan Dalam Rumah Tangga (KDRT) Perspektif Undang-Undang Nomor 23
Tahun 2004 Dan Hukum Islam,” HAKAM: Jurnal Kajian Hukum Islam Dan Hukum Ekonomi Islam 4,
no. 2 (2020): 1–39, https://doi.org/10.33650/jhi.v4i2.1638.
Harwis, Marini Abdul Djalal

Nusyuz and Domestic Violence in Indonesia …

of a wife by hitting. This perception then seems to give legitimacy that the husband may beat
his wife who is considered nusyûz or disobedient. It is difficult to separate the Islamic
doctrines that have long developed with this from the life of Muslim society today.10 There
are several international studies related to this research. However, existing research is still
carried out separately between the concept of nusyûz and the ma’nâ al haml approach. Among
them is research conducted in Malaysia by Nor Syamimi Mat Nurdin and Nor Firdous
Mohamed also concluded that misunderstanding of the concept of nusyûz can be a cause of
domestic violence. 11 Research conducted by Nurul Nadia Abdul 'Aziz and her friends
concluded that on average wives succumb to pressure and even violence by their husbands
based on their understanding that wives must submit to their husbands.12 Mahboba Mina
also expressed the same opinion in her research with her friends.13 The research conducted
by Mustafa Kalam Rokan and Friends also concluded that in light of today's advanced
technological developments, the concept of nusyûz should be viewed more broadly. Nusyûz
cannot simply be defined as a wife leaving the house without the husband's consent.
Therefore, it is imperative to expand the scope of nusyûz by considering modern
technological advancements.14 However, this research did not establish a connection between
the new meaning of the concept of nusyûz by ma’nâ al-haml approach.
International research conducted by Nabeela Falak also concluded that one of the
causes of domestic violence is a misunderstanding of religious doctrine. She concluded that
domestic violence is not an appropriate subject for assessment, intervention, or policy reform
in Pakistan because it usually occurs within families. According to surveys, between 35%
and 70% of intimate relationship violence occurs in Pakistan. The main factors contributing
to domestic violence in Pakistan include low levels of education and empowerment of
women, misunderstanding of Islamic beliefs, customs, poverty, the dowry system, having
daughters, infertility, and drug and alcohol use. Therefore, women become victims of

10

11

12

13

14

Analiansyah & Nurzakia, “Konstruksi Makna Nusyuz Dalam Masyarakat Aceh Dan Dampaknya
Terhadap Perilaku Kekerasan Dalam Rumah Tangga (Studi Kasus Di Kecamatan Ingin Jaya),”
Gender Equality: International Jurnla of Chilld and Gender Studies 5, no. 2 (2015): 141–60.
Nor Syamimi Mat Nudin and Nor Firdous Mohamed, “Exploring the Long-Term Psychological
Impact of Childhood Abuse on Intimate Partner Violence Victims in Malaysia,” International Journal
of
Academic
Research
in
Business
and
Social
Sciences
13,
no.
5
(2023),
https://doi.org/10.6007/ijarbss/v13-i5/17156.
Nurul Nadia Abd Aziz et al., “Reasons Behind Women Tolerance of Abusive Relationships,” 9th
Putrajaya International Conference on Children, Women, Elderly and People with Disabilities (PICCWED
9), no. April 2020 (2019): 3.
Mahboba Mina, Thaer Muhammad Hussein Shukr, and Luay ABED Kareem, “Disobedience Of
The Wife: Its Provisions And Effects According To The Law And Islamic Law, A Comparative
Study,” World Bulletin of Management and Law 6, no. 6 (2022): 62–67.
Mustafa Kamal Rokan, Imam Yazid, and Ahmad Makky, “Reconstruction of the Concept of
Nushuz of the Wife in the Digital Era,” Samarah 4, no. 2 (July 1, 2020): 568–85,
https://doi.org/10.22373/sjhk.v4i2.7259.

164

domestic violence. physically, verbally and emotionally, psychologically, sexually abused.
Slapping, hitting, kicking women causes physical problems.15
Research connecting the understanding of the concept of nusyûz with domestic
violence also was carried out by Fitri Rafianti and her friends. His research concluded three
things. firstly, regulations regarding nusyûz in Islamic Law exist in legal sources, but there
are errors in the interpretation of related verses. Second, there is a correlation between
nusyûz and domestic violence and there is a need for awareness of violence against women
in the household environment. Thirdly, nusyûz is often associated with domestic violence,
and husbands have rights that can exploit their wives physically, mentally, and sexually. The
solution is to understand the duties and responsibilities within the household and not
interpret verses as a justification for domestic violence. One solution is to always
communicate with one's wife, speak kindly, and not harm or hit one's wife in the face.16 It's
just that this research has not been looked at from the perspective of ma’nâ al-haml approach.
It means misunderstanding of religious teachings can also be a trigger for domestic
violence. In understanding the wife's nusyûz, it is sometimes interpreted as justification for
the husband to commit violence as education to improve the wife's attitude. The background
that causes the wife's rebellious attitude tends to be ignored until the goal of educating is not
achieved and the potential for conflict or violence persists. This indeed cannot be separated
from the influence of patriarchal culture which has been deeply rooted so that interpretations
of Islamic teachings tend to favor men.17
Therefore, it is necessary to have an in-depth study of religious texts to avoid
misinterpretation of religious texts, especially with regard to solutions that can be taken
when things happen that are considered inappropriate by one of the spouses. Religious texts
are not passed down in an empty space without culture and social structure. Therefore, the
interpretation of religious texts needs to be contextualized according to the space and time it
is translated. This includes religious texts related to the concept of nusyûz and its solutions.
This study will review the concept of nusyûz and its solutions using the ma’nâ al-haml
approach.
This article uses a qualitative approach in analyzing, explaining, describing and
disclosing research results. The data collection technique used is literature study. This study
explores the interpretation of the concept of nusyûz and its solutions in fiqh literature and
classical interpretation, then reinterprets it using the ma’nâ al-haml approach through the
opinions of contemporary scholars. These interpretations are then analyzed for their
relevance to the laws that apply in Indonesia as space and time which become the meaning
of pronunciation with the ma’nâ al-haml approach. The reinterpretation approach with a
linguistic approach using ma’nâ al-haml has an important urgency in various contexts,
15

16

17

165

Nabeela Falak, “Causes and Effect of Domestic Violence against Women in Pakistan : An
Analytical Study,” Sustainable Business and Society in Emerging Economies 4, no. 2 (2022): 619–26,
https://doi.org/10.26710/sbsee.v4i2.2465.
Fitri Rafianti and M. Hary Angga Pratama Sinaga, “Nusyuz as the Cause of Domestic Violence: A
Comparative Study of Islamic Law and Criminal Law,” International Journal of Law, Environment,
and Natural Resources 3, no. 1 (2023): 11–20, https://doi.org/10.51749/injurlens.v3i1.45.
Nur Faizah, “Nusyuz : Antara Kekerasan Fisik Dan Seksual,” Al-Ahwal: Jurnal Hukum Keluarga
Islam 6, no. 2 (2013): 113–28.
Harwis, Marini Abdul Djalal

Nusyuz and Domestic Violence in Indonesia …

especially in the fields of linguistics, literature and text understanding. Here are some
reasons why this approach is so important: digging for deeper meaning; resolving
ambiguity. Ma’nâ al-haml approach helps in identifying context, key words, or other
linguistic elements that can help in determining the most appropriate meaning. Furthermore,
understanding culture and context. This is important for appreciating beauty and appeal in
literary works as well as effectiveness in rhetoric. Ma’nâ al-haml also should help in legal
problem solving because linguistic approach helps in analyzing legal clauses, contracts or
regulations carefully to avoid wrong interpretations.
The Overview of Ma’nâ al-Haml
One method that can be used in legal reasoning is a linguistic approach (approach to
the meaning of language). Syihabudin al-Qarafi, introduced a method of legal reasoning
known as ma’nâ al-haml . The method of interpreting language according to him can be
reached in three ways: ma'naâ al-wad'u; ma'nâ al-isti'mâl and ma’nâ al-haml.18
Ma’nâ al-wad’u is the original meaning desired by the subject who places the language
symbol (wâdi'u al-lugah). For example, when a person is named Zaid by his father, his wish is
that the child be known and called Zaid. The naming of Zaid's name is in accordance with
what the name giver wants and what is understood by the people around him who use it. 19
Ma’nâ al-isti’mâl (practical meaning) is the meaning of a word that can mean majaz
(figuratively) and can also mean haqîqî (true meaning). Ma’nâ al-isti’mâl requires the
knowledge of the person who pronounces it and the person who listens to it (the user) in
order to be able to consistently use the symbols of the language used. For example, using the
word asad (lion), the word can be used to describe wild animals and can also mean
something other than wild animals and that is the real meaning. When there is a barrier to
using it in its true meaning, it must be used in a figurative sense. Cotah when he said: "the
lion was reading the Koran". The word "is reading the Qur'an" is a hindrance (mâni') to using
it in its true meaning.20
Ma’nâ al-haml is an expansion of meaning by bringing the meaning of wad'u to ma’nâ
al-isti’mâl by adapting it to the context of when and where the language is used. According to
al-Yasa' Abubakar, the use of ma’nâ al-haml is a necessity which opens opportunities to
reinterpret and reformulate some of the pronunciations in nas (religious texts).21
Ma’nâ al-haml as a theory of the meaning of pronunciation which is a symbol for an
object and in the end becomes a definitive designation that is jâmi' and mâni' is a theory of
meaning with great care in carrying out a deeper expansion of meaning. flexible without
ignoring the truth of other meanings that make it possible to the intentions and purposes of

18

19

20
21

Imam Syihabuddin Abu al-‘Abbas Ahmad Ibnu Idris Al-Qarafi, Syarh Tanqih Al-Fusul Fi Ikhtisar alMahsul Fi al-Usul (Bairut: Dar al-Fikr, 2004). 24.
Imam Syihabuddin Abu al-‘Abbas Ahmad Ibnu Idris Al-Qarafi, Syarh Tanqih Al-Fusul Fi Ikhtisar AlMahsul Fi Al-Usul (Beirut: Dar al-Fikr, 2004). 15
Al-Qarafi. 25
Abubakar Al-Yasa’, Metode Istislahiah: Pemanfaatan Ilmu Pengetahuan Dalam Ushul Fiqh (Jakarta:
Prenada Media Group, 2016).48.

166

Allah SWT. 22 Ma’nâ al-haml is used in a way to bring the meaning of a pronunciation to a
meaning that is more relevant both in terms of conditions, beauty of language, and for other
reasons.23
Observing this ma’nâ al-haml , it can be concluded that time, place and circumstances
can be the cause of determining the meaning of a single pronunciation. The word 'train' in
Aceh for example means a motorbike, while 'train' in other areas' means a train. The word
'honda' in parts of the island of Java means motorbike, while in other places it is only one of
the motorcycle brands. Nas al-Qur'an for example uses the word 'zînah' whose meaning
depends on the time, place and circumstances when it is translated. The Almighty Allah said
in QS. al-A'raf/7 : 31:

‫َ َ ٓ َ َ َ ُ ُ ْ ََ ُ ۡ َ ُل‬
َ ‫يب ٱل ۡ ُم ۡۡسف‬
ُّ ‫ٱۡش ُبوا ْ َو ََل ت ُ ۡۡسفُ ْۚ ٓوا ْ إنَّ ُهۥ ََل ُُي‬
َ ۡ ‫ك َم ۡسج ٖد َو ُُكُوا ْ َو‬
‫يني‬
‫ي‬
‫ي‬
‫۞يَٰب يِن ءادم خذوا زيينتكم عيند ي‬
‫ي‬
‫ي‬

O children of Adam, take your adornment at every masjid, and eat and drink, but be
not excessive. Indeed, He likes not those who commit excess (QS. al-A’raf/7: 31).
The word 'zînah' (beautiful clothing) in this verse can be translated according to time,
place and circumstances. When translated in winter or in a cold climate, the word ‘zînah’ is a
beautiful thick garment, when translated in the summer or in a hot climate the word 'zînah' is
a beautiful thin garment. That is, the word 'zînah' is translated according to the existing space
and time. Therefore, culture can have implications for understanding one pronunciation
meaning.
Reinterpretation of Nusyûz Meaning by the Ma’nâ al-Haml Approach
Religious texts related to nusyûz and their solutions should also be understood using
the ma’nâ al-haml approach without ignoring the general principles and objectives of the
shari'ah through comprehensive and universal understandings of the texts.
Etymologically, the word nusyûz means 'high' (al-taraffu') and 'resurrection' (alnuhûd). Therefore, the highlands of the earth are called 'nasyâzu al-ardi'. Its meaning in
language ranges between 'shaking' (al-idtirâb) and 'far apart' (al-tabâ'ud).24 Nusyûz in English
is often translated as 'disobedience'; disobedience (flagran deviation); bad behavior and (illconducted or misbehavior).25
As for the terminology, the definition of nusyûz which is commonly understood so far
is the disobedience of the wife to her husband regarding her husband's rights and
obligations as a wife.26 According to Ibn Kathir, a wife can be said to be nusyûz if she does
22

23

24

25

26

167

Abdur Rakib, “Pergaulan Dalam Pertunangan Dan Khalwat Fi Ma ’ Na Al -Haml :,” At-Turāṡ:
Jurnal Studi Keislaman 6, no. 1 (2019): 35–55, https://doi.org/10.33650/at-turas.v6i1.547.
Ahmad Badawi, “Lafaz Ditinjau Dari Segi Hakikat Dan Majaz (Wacana Pengantar Studi),” AlFikru: Jurnal Ilmiah 13, no. 1 (2019): 50–60, https://doi.org/10.51672/alfikru.v13i1.27.
Muhammad Tahir Ibnu Asyur, Maqasid Al-Syariah al-Islamiyyah, Cet. II (al-Qahirah: Dar al-Nafais,
2001). 41.
Kamal-deen Olawale Sulaiman, “Insight into the Qur’an, 4: 34 Ruling as Regard Wife Beating in
Islam” 14 (2015).
Lajnah min Asatizah Qismi al-Fiqh bi Kuliiyah al-Sayariah wal Qanun Jami’ah al-Azhar al-Syarif
Asatiz, Muhadarat Fi Al-Ahkam al-Muta’alliqah Bi Fiqhi al-Usrah ’ala Mazhab Imam al-Syafi’i (alQahirah, 2007). 145
Harwis, Marini Abdul Djalal

Nusyuz and Domestic Violence in Indonesia …

not carry out her husband's orders.27 Mustafa al-Adawi said that a nusyûz wife is a wife who
feels superior to her husband, likes to oppose and disobey her husband.28 Wahbah al-Zuhaili
even considers that a wife can be said to be nusyûz when she leaves her house without her
husband's permission.29
According to the Hanafi school of thought, a wife who is nusyûz is a wife who leaves
her house in an improper manner.30 According to the Maliki School, a wife who is nusyûz is a
wife who disobeys her husband by: forbidding her husband to have fun with her; leave the
house without permission; closed her husband's door and forbade him to enter the house.31
According to the Syafi'i school, a wife who is nusyûz is a wife who disobeys her husband.32
As far as the search goes, the definitions of nusyûz that are found still seem to be
biased in patriarchal culture which places men as superior and women as inferior. When this
definition is read when the culture that develops is a patriarchal culture that still positions
women's duties in domestic affairs, the concept of nusyûz like this is still acceptable. When
the concept of nusyûz is brought into a culture that has provided space for women in the
public sphere, the concept of nusyûz requires reinterpretation to seek meaning that is
relevant to the ma’nâ al-haml approach.
Abdul Munib in his article said that the conception of nusyûz is a classic conception
which is considered by critics as a concept that is detrimental to women. This is because this
conception perpetuates male domination and overrides women's interests. This is reflected
in the husband's right to take action against a nuisance wife without clear boundaries.
Meanwhile, the wife has almost no space to defend her rights before the law in a balanced
manner.33
According to Ibn 'Asyur, nusyûz wife is the wife's hatred of her husband which can be
caused by the wife's bad morals. It may also be caused by the husband's bad morals, or
because the wife wants to marry another man.34
Muhammad Syahrur defines 'nusyûz' as the wife leaving the qiwâmah lines based on
compassion and love (al-khurûju 'an khatti al-qiwâmah bi al -mawaddati wa al-rahmah).
According to Shahrur, 'nusyûz' is the opposite of 'qunût}'. Syahrur also criticized the opinion
of the ulama who considered nusyûz as a form of disobedience and disobedience of a wife
towards her husband. The criticism is built on two factors. First, because this verse does not
27

28

29
30

31

32

33

34

Imaduddin Abu al-Fida Ibnu Katsir al-Dimasyqi Ismail, Tafsir Al-Qur’an Adzim, Vol. I (al-Qahirah:
Dar al-Da’wah al-Islamiyyah, 2004). 595
Mustafa Al-Adawi, Jami’ Ahkam al-Nisa, Vol. III (Saudi Arabiah: Dar al-Sunnah li al-Nasyr wa alTauzi, 1995). 414
Wahbah al-Zuhaili, Fiqh Al-Islami Wa Adillatuhu, Vol. IX (Dimasyq, n.d.). 338.
Abdul Karim Zaidan, Al-Mufassal Fi al-Ahkam al-Marah Wa al-Bait al Muslim (Bairut: Muassasah alRisalah li al-Nasyr wa al-Tauzih, 1993). 162
al-Habib Ibnu Tahir, Al-Fiqh al-Maliki Wa Adillatuhu, Cet. III (Lubnan: Muassasah al-Ma’arif, 2005).
333
’Ali Muhammad Ali Qasim, Nusyuz Al-Zaujah, Asbabuhu Wa ’Ilajuhu Fi al-Fiqhi al-Islami (Misr: Dal
al-Jami’ah al-Jadidah li al-Nasyr, 2004). 11
Abdul Munib, “Batasan Hak Suami Dalam Mempertahankan Isteri Pada Saat Nusyuz Dan
Kemungkinan Sanksi Pidana,” Voice Justicia: Jurnal Hukum Dan Keadilan III (2019): 1–23.
Asyur, Maqasid Al-Syariah al-Islamiyyah. 41

168

speak in the context of a wife's obedience to her husband. Second, because in Arabic the
word 'al-nusyûz' means 'to go out' and 'to scatter' in general (al-khurûj wa al-tafarruq
'umûman).35
The definition of nusyûz mentioned by Ibnu ‘Asyur and Muhammad Syahrur is more
in line with the current context. This conformity can be seen from the definition of the two
that do not marginalize the wife's role, do not position the wife as a subordinate who must
obey her husband. This definition of Ibn ‘Asyur considers that nusyûz is not caused by a
wife's disobedience to her husband, but because of her bad morals or her husband's morals.
Maybe also because she has other desires that cause her to hate her husband. Syahrur's
definition is also the same, because his definition views that the wife has the same position as
her husband in matters of qiwâmah, so that both the wife and husband have the possibility to
get out of the limits of qawwamah and that is what is called nusyûz.
In addition, nusyûz cannot be understood as an attitude that can only arise from a
wife. Husbands also allow nusyûz as explained by Allah SWT in QS. Al-Nisa>/4:128:

َ ٓ ََ َ َُ ََ ٗ ۡ َ ً ُُ
ۡ َ ۡ ُّ
ۡ
ٗ ۡ ُ
ََۡ َ ۡ
ۡ َ َ ٌَ ۡ
ٞۗ ‫ِإَون ٱم َرأة خافت مي ۢن َبعل َيها نشوزا أ ۡو إيع َراضا فَل جناح عل ۡي يه َما أن يُصل يحا بين ُه َما صلحا ْۚ َوٱلصل ُ ُ خير‬
‫ي‬
َ
ُّ
ُ ۡ َ ۡ َُ
َ ُ َ ۡ َ َ َ َ َ َّ َّ َ ْ ُ َّ َ َ ْ ُ ۡ ُ
ٗ ‫ون َخب‬
َّ ‫ٱلش‬
ُ ‫نف‬
‫يا‬
‫ل‬
‫م‬
‫ع‬
‫ت‬
‫ا‬
‫م‬
‫ب‬
‫ن‬
‫َك‬
‫ٱَّلل‬
‫ن‬
‫إ‬
‫ف‬
‫وا‬
‫ق‬
‫ت‬
‫ت‬
‫و‬
‫وا‬
‫ين‬
‫س‬
‫ُت‬
‫ِإَون‬
ُ 
‫س‬
‫ت ٱۡل‬
‫ِض ي‬
‫وأح ي‬
ْۚ
‫ي‬
‫ي‬
‫ي‬
Meaning: And if a woman fears from her husband contempt or evasion, there is no sin upon
them if they make terms of settlement between them - and settlement is best. And present in
[human] souls is stinginess. But if you do good and fear Allah - then indeed Allah is ever,
with what you do, Acquainted. (QS. al-Nisa/4: 128).
The meaning of nusyûz by focusing on the wife is a discriminatory meaning against
women. Meaning that is still biased with patriarchal culture. A culture that places men as
superior. Placing the wife as if subordinate to her husband. Therefore, it is necessary to
reinterpret the concept of nusyûz with the ma’nâ al-haml approach. Therefore, departing from
the opinions of earlier contemporary scholars regarding the concept of nusyûz, it can be said
that nusyûz is the hatred or aversion of one partner towards the other which is expressed by
going outside the proper boundaries (qunût and qiwâmah). Nusyûz is not caused by the wife's
disobedience, but is caused by her bad morals or the bad morals of her partner.
This hatred is expressed in various bad behaviors. In the modern era and the digital
era, for example, a wife's nusyûz is not only limited to leaving the house. A wife or husband
can be categorized as nusyûz when they do things that go beyond the boundaries of religion
and decency in cyberspace, even though they are still at home.36 According to Kamal-deen
Olawale, nusyûz's attitude is not a matter of disobedience of the wife, but rather an obscene
act that leads to adultery (fâhisyah mubîna).37

35

36

37

169

Muhammad Syahrur, Nahwa Usulin Jadidah Li Al-Fiqhi al-Islami: Fiqhu al-Marah, al-Wasiyyah, al-Irts,
al-Qawamah al-Ta’addudiyah, al-Libas, Cet. I (Dimasyq: al-Ahali li al-Tiba’ah wa al-Nasyr wa alTauzi’, 2000).323
Rokan, Yazid, and Makky, “Reconstruction of the Concept of Nushuz of the Wife in the Digital
Era.”
Kamal-deen Olawale Sulaiman, “Insight into the Qur’an, 4: 34 Ruling as Regard Wife Beating in
Islam.”
Harwis, Marini Abdul Djalal

Nusyuz and Domestic Violence in Indonesia …

Reinterpretation of Nusyûz Solution by the Ma’nâ al-Haml Approach
Classical interpretation and fiqh tend to provide three stages of solutions for wives
who are nusyûz. Stages of advising; separate bed and beat. This stage is understood from QS.
al-Nisa/4: 34:

َ ۡ َ ُ ۡ َ
ََ ْ ُ َ ََ ُ
َّ ً
َ َۡ
َّ ُ ُ ُ ۡ َ َّ ُ ُ َ َّ ُ َ ُ ُ َ ُ َ َ َّ َ
‫ إين‬ٞۗ ‫ٱۡض ُبوه َّنَّۖ فإين أ َط ۡع َنك ۡم فَل ت ۡبُوا عل ۡي يه َّن ََِييَل‬
‫وٱل َٰ يِت َتافون نشوزهن ف يعظوهن وٱهجروهن يِف ٱلمضا ي‬
‫جعي و ي‬
ٗ ‫ٱَّلل ََك َن َعل ٗلييا َكب‬
َ َّ
‫يا‬
‫ي‬

Meaning: But those [wives] from whom you fear arrogance - [first] advise them; [then if they
persist], forsake them in bed; and [finally], strike them. But if they obey you [once more],
seek no means against them. Indeed, Allah is ever Exalted and Grand. (QS. al-Nisa/4: 34).
This verse is often justified as a verse that allows hitting one's wife. According to alQurt}ubi, the blow referred to in this verse is an educational blow, a blow that does not
injure, that is, one that does not break bones and does not leave marks such as bruises,
swelling and the like.38 The same opinion was expressed by Ibn Kasir.39 Al-Zamakhsyari
added that it is not permissible to hit in the face. 40 Muhammad 'Abduh gave an example of
hitting something that doesn't hurt, which is like hitting with a siwak or other small object
that doesn't hurt.41
In conclusion, they still tend to interpret the pronunciation of 'daraba' in this verse
with the meaning of 'to hit'. The implication is that the developed understanding of fiqh
allows a husband to beat his wife on the condition that the beating is educational and does
not injure.
It's just that, the word daraba as long as it is interpreted as hitting when it is brought
into the context of a family that is not healthy, the blow will still hurt even though it is a
small blow. Even a small blow can be a big problem. Household 'e few things mean a lot',
things that are considered trivial can become big and lasting problems. Especially if the blow
that is considered small is accompanied by emotion. It is difficult for people to beat them
with love and affection, especially when the household is not in harmony.
Therefore, it is necessary to interpret according to the context and place (according to
reality) by taking into account the general principles in building a household. According to
Quraish Shihab, the command 'idribûhunna' in this verse can be interpreted as hitting when
the husband is the leader and the wife is a subordinate. When times have changed where the
wife is no longer placed as a subordinate, the concept of 'daraba' is no longer carried out by

38

39
40

41

Abu ’Abdullah Muhammad Ibnu ’Abdullah Ibnu Abu Bakr al-Qurtubi Ahmad, Al-Jami’u Li Ahkam
al-Qur’an, Cet. I (Bairut: Muassasah al-Risalah, 2006). 285
Ismail, Tafsir Al-Qur’an Adzim. 24
Abu al-Qasim Mahmud Ibnu ’Umar Al-Zamakhsyari, Al-Kassyaf ’an Haqaiq Gawamid al-Tanzil Wa
’Uyun al-Aqawil Fi Wujuh al-Ta’wil, Cet. I Vol (Riyad: Maktabah al-Abikan, 1998). 70
Syekh Muhammad ’Abduh, Tafsir Al-Manar, Cet. II, V (al-Qahirah: Dar al-Manar, 1947).47

170

hitting physically, but simply by giving a sign. According to Quraish Shihab, in today's
context, especially among the educated, beating is no longer the right way.42
According to Ibnu Asyur, culture, customs, the condition of the wife can be the
reason why it is not permissible to beat a wife even though the wife is nusyûz. Apart from
that, Ibn 'Asyur also cites 'Atha's interpretation of the meaning of 'daraba'. According to 'Atha
ta'wil 'idribûhunna' in this verse is 'angry at them'. Therefore, husbands may not beat their
wives, but may only be angry with them.43
Syahrur disputed the opinion of the ulema who interpreted the word 'daraba' as
hitting. According to Syahrur, 'to hit' is only one of the meanings of the word 'daraba'.
Another meaning is 'to set an example' (darbu al-amtsâl); 'walking on the earth' (al-darbu fi alardi) and 'counting money' (al-darbu al-nuqûd). According to Syahrur, this verse must be
understood by looking at the Hadiths which prohibit beating one's wife.44
It should be noted that the Qur'an was revealed to an ignorant society that did not
humanize women. Women before the arrival of Islam, let alone being beaten, were allowed
to be killed. They were even made into an inheritance. They are equated with inherited
property or pets that are passed on to others. When a man dies and he leaves a wife,
according to their custom, the wife left behind becomes the right of the heir. In addition, men
can choose women and marry them as they please without any restrictions.45 Women in the
view of some of the Jahiliyyah Arab tribe were weak figures who were unable to work and
were unproductive, so that their existence was considered a disgrace in the family. Some of
them also consider girls as the bad luck of poverty. They also think that girls are seducers of
lust, so they must be closed tightly.46
Therefore, the use of 'daraba' with the meaning of hitting as the last solution for
women who were nusyûz at that time was still a form of violence which was still considered
very light when compared to the behavior of the ignorant society. If this is the case, it is
necessary to expand the meaning (ma’nâ al-haml) of the word 'daraba' by taking into account
the current cultural context and social structure. In this way, the Qur'an will not only be a
guide for people who existed during the Jahiliyyah period, but will be a guide until the end
of time.
Apart from that, this verse about nusyûz solutions must be understood using a
general principles approach in building a household. General principles of building a
household. Based on a study of the Qur'an and Hadith, there are at least 5 principles in
building husband and wife relationships, namely: First: the principle of deliberation. Second:
The principle of creating a sense of security, comfort and peace. Third: the principle of nonviolence. Fourth: the principle that the husband-wife relationship is a partner. Fifth: the

42

43

44

45
46

171

M. Quraish Shihab, Tafsir Al-Misbah: Pesan, Kesan Dan Keserasian al-Qur’an, Vol. II (Jakarta: Lentera
Hati, 2002). 434
Muhammad Tahir Ibnu Asyur, Tafsir Al-Tahrir Wa al-Tanwir (Tunis: Dar al-Tunisiyah li al-Nasyr,
1984). 43
Muhammad Syahrur, Nahwa Usulin Jadidah Li Al-Fiqhi al-Islami: Fiqhu al-Marah, al-Wasiyyah, al-Irts,
al-Qawamah al-Ta’addudiyah, al-Libas. 323
Basimah Kayyal, Tatawwur Al-Marah ’Abra al-Tarikh (Bairut: Muassasah ’Izzu al-Din, 1981). 55
Mustafa Al-Sibai, Mar’atu Baina al-Fiqhi Wa al-Qanun, Cet. VII (Riyad: Dar al-Warraq, 1999). 20
Harwis, Marini Abdul Djalal

Nusyuz and Domestic Violence in Indonesia …

principle of justice.47This fifth principle is sometimes more specific to justice which maintains
a balance between the rights and obligations of husband and wife.
The relationship between husband and wife is not really a relationship between
superiors and subordinates. The husband-wife relationship is a partnership relationship. If in
a country there is a president and vice president, in a household there are husband and wife.
If on campus there is a chancellor and vice-chancellor, in the household there are husband
and wife. If in a company there are directors and deputy directors, in the household there are
husbands and wives.48
This reinterpretation of the concept of nusyûz and its solution is a pre-emptive effort
as the first step before preventive efforts. Pre-active efforts are efforts to instill good values or
norms through internalization within a person so that they do not have the intention to
commit acts of violence even though there is a trigger or opportunity to commit violence.49
The Solution of Nusyûz and Its Relevance to Legislation in Indonesia
Law No. 23 of 2004 concerning the Elimination of Domestic Violence considers that
domestic violence is a criminal offense against complaints in accordance with articles 51-56.
According to Article 1 of Law Number 23 of 2004 it is stated that what is meant by domestic
violence is any action against a person, especially women, which results in physical, sexual,
psychological misery or suffering, and/or neglect of the household including threats to
commit acts , coercion or unlawful deprivation of liberty within the household sphere.
Articles 6-9 explain the definitions of the categories of violence in question. Physical
violence is an act that results in pain, falling ill, or serious injury. Psychological violence is an
act that results in fear, loss of self-confidence, loss of the ability to act, a feeling of
helplessness, and/or severe psychological suffering to someone. Sexual violence includes:
coercion of sexual intercourse perpetrated against people who live within the scope of the
household; and coercion of sexual relations with someone within the scope of the household
with another person for commercial purposes and/or certain purposes. Neglect violence
applies to anyone who results in economic dependence by limiting and/or prohibiting
proper work inside or outside the home so that the victim is under the control of that person.
Observing this law, it can be concluded that even hitting with the intention of
educating can be complained by the wife if it causes the wife to be afraid, lose selfconfidence, lose the ability to act or feel confident. Therefore, if the meaning of daraba' which
in fiqh or classical interpretation still tends to be interpreted as 'to hit' as explained earlier,
there will be a chance of a violation of this Law. Thus, it would be wiser if the meaning of
daraba' contained in this verse is brought to another meaning using the ma’nâ al-haml
approach.
47

48

49

Munib, “Batasan Hak Suami Dalam Mempertahankan Isteri Pada Saat Nusyuz Dan Kemungkinan
Sanksi Pidana.”34
Harwis Alimuddin, “Asas Berimbang Hak &Kewajiban Suami Istri & Penyesuaiannya Dengan
Budaya Lokal Menurut Hukum Islam,” Al-Manhaj: Journal of Indonesian Islamic Family Law 4, no. 1
(June 26, 2022): 90–106, https://doi.org/10.19105/al-manhaj.v4i1.6263.
Siroj, “Kekerasan Dalam Rumah Tangga (KDRT) Perspektif Undang-Undang Nomor 23 Tahun
2004 Dan Hukum Islam.” 24

172

The meaning of daraba' with the meaning of hitting can no longer be maintained in
the context of nusyûz. Apart from the fact that these meanings are common to patriarchal
culture, these meanings are no longer relevant to space, time and conditions. Through the
ma’nâ al-haml approach, the existence of a law can become a mâ'ni (barrier). The word
d}araba is defined as hitting, so that the meaning of d}araba must be brought to another
relevant meaning. One of them, with the meaning of giving a sign that can be reached by
negotiating.
In the Compilation of Islamic Law, the issue of nusyûz is also regulated. It's just that
there is no article that specifically explains the definition of nusyûz and the steps for solving
it. Apart from that, there is no article in the KHI that discusses husband's nusyûz. Even
though Nusyûz can not only occur from the wife's side but also from the husband's side as
stipulated by Allah swt. in Qs. Al-Nisa/4: 29. KHI article 84 still seems discriminatory
against wives, if the wife does not carry out her obligations, the wife becomes nusyûz, but the
opposite does not apply to the husband. Therefore, it is necessary to update the KHI by
adding an article regarding husband's nusyûz.
Some articles only emphasize the rights and obligations of husband and wife. Article
80 1) The husband is the guide for his wife and household, but the husband and wife decide
on important household matters. 2) The husband is obliged to protect his wife and provide
all the necessities of life for the household according to his ability. 3) The husband is obliged
to provide religious education to his wife and provide opportunities to learn knowledge that
is useful and beneficial to religion, homeland and nation. 4) In accordance with his income,
the husband bears: a. Livelihood, clothes and wife's residence; b. Household expenses,
maintenance costs and medical expenses for wife and children; c. Education costs for
children.
The husband's obligations to his wife as referred to in paragraph (4) letters a and b
above come into effect after there is perfect tamkîn from his wife. The wife can free her
husband from the obligations towards himself as referred to in paragraph (4) letters a and b.
The husband's obligations as referred to paragraph (5) is aborted if the wife is nusyûz.
Article 84 paragraph (1) A wife can be considered nusyûz if she does not carry out the
obligations referred to in Article 83 paragraph (1) except for a valid reason. 2) As long as the
wife is in nusyûz, the husband's obligations towards his wife as stated in article 80 paragraph
(4) letters a and b do not apply except for matters in the interests of their children. 3) The
husband's obligation referred to in paragraph (2) above applies again after the wife is not
nusyûz. 4) Provisions regarding the presence or absence of nusyûz from the wife must be
based on valid evidence.
KHI is the result of an Islamic law legislation project through jurisprudence
implemented by the Supreme Court of the Republic of Indonesia and the Ministry of
Religion of the Republic of Indonesia. And finally, it can become a reference for the judges of
the Religious Courts through Presidential Decree No. 1 of 1991. Before the KHI was codified,
there was a disparity in judicial decisions, due to the absence of unique and positive legal

173

Harwis, Marini Abdul Djalal

Nusyuz and Domestic Violence in Indonesia …

references. In the end, there was a struggle and debate between the existing fiqh books. So
that in the end the codification of KHI was initiated.50
Observing the nusyûz articles in the KHI, it can be concluded that the KHI provides
an opportunity for husbands to commit acts of arbitrariness, because there is already a legal
justification that strengthens it and it seems that it has become his absolute right. This is also
one of the triggers for domestic violence. Therefore, in the Counter Legal Draft Compilation
of Islamic Law (CLD-KHI), husband's nusyûz is also regulated (article 53 paragraph 1).
However, the offer to reform the KHI is still being responded to by the pros and cons of
Muslim figures in Indonesia. Even so, conceptually CLD-KHI has succeeded in integrating
Islamic law with the reality of democracy, pluralism, human rights and gender justice, both
at the methodological level and the formulation of provisions of Islamic law.51Therefore, the
KHI which seems to be in favor of the husband in the nusyûz context cannot be defended.
KHI needs to be renewed with family jurisprudence that upholds the principle of balancing
the rights and obligations of husband and wife. Family jurisprudence that does not
marginalize women. Family jurisprudence that is free from the bias of patriarchal culture.
Conclusion
Time, place and circumstances can be the cause of determining the meaning of one
pronunciation. Ma’nâ al-haml is the expansion of meaning by bringing ma’nâ al-wad’u to ma’nâ
al-isti’mâl by adapting it to the context of when and where the language is used. Nusyûz with
an attachment to ma’nâ al-haml is irrelevant if it is interpreted as the wife's disobedience
caused by her disobedience. This definition is still biased with patriarchal culture which
places men as superior and women as inferior. Therefore, with the ma’nâ al-haml approach,
nusyûz is the hatred or aversion of one partner towards the other which is expressed by
going outside the proper boundaries (qunût and qiwâmah). Nusyûz can not only occur from
the wife's side, but also from the husband's side. Nusyûz is not caused by the wife's
disobedience, but is caused by her bad morals or the bad morals of her partner. Furthermore,
to handle nusyûz by the ma’nâ al-haml approach is reflecting to the self-behavior firstly before
giving a sign to the partner. The solution to a nuisance partner is not by hitting her but by
giving a sign such us being indifferent to her which will take both sitting down closely
together to discuss and find out the best solution. Therefore, the concept of nusyûz in KHI
needs to be reconstructed, because the concept of nusyûz in KHI still seems to be biased
towards patriarchal culture.
References
’Abduh, Syekh Muhammad. Tafsir Al-Manar. Cet. II, V. al-Qahirah: Dar al-Manar, 1947.
Ahmad, Abu ’Abdullah Muhammad Ibnu ’Abdullah Ibnu Abu Bakr al-Qurtubi. Al-Jami’u Li
Ahkam al-Qur’an. Cet. I. Bairut: Muassasah al-Risalah, 2006.

50

51

Harwis Alimuddin and Tahani Asri Maulidah, “Implication of Local Wisdom in Islamic Law
Compilation Legislation,” MAZAHIBUNA: Jurnal Perbandingan Mazhab 3, no. 2 (2021),
https://doi.org/10.24252/mh.v3i2.24982.
Faizah, “Nusyuz : Antara Kekerasan Fisik Dan Seksual.” 119.

174

Al-Adawi, Mustafa. Jami’ Ahkam al-Nisa. Vol. III. Saudi Arabiah: Dar al-Sunnah li al-Nasyr
wa al-Tauzi, 1995.
Alimuddin, Harwis. “Asas Berimbang Hak &Kewajiban Suami Istri & Penyesuaiannya
Dengan Budaya Lokal Menurut Hukum Islam.” Al-Manhaj: Journal of Indonesian
Islamic Family Law 4, no. 1 (June 26, 2022): 90–106. https://doi.org/10.19105/almanhaj.v4i1.6263.
Alimuddin, Harwis, and Tahani Asri Maulidah. “Implication of Local Wisdom in Islamic
Law Compilation Legislation.” MAZAHIBUNA: Jurnal Perbandingan Mazhab 3, no. 2
(2021). https://doi.org/10.24252/mh.v3i2.24982.
Al-Qarafi, Imam Syihabuddin Abu al-‘Abbas Ahmad Ibnu Idris. Syarh Tanqih Al-Fusul Fi
Ikhtisar al-Mahsul Fi al-Usul. Bairut: Dar al-Fikr, 2004.
———. Syarh Tanqih Al-Fusul Fi Ikhtisar Al-Mahsul Fi Al-Usul. Beirut: Dar al-Fikr, 2004.
Al-Sibai, Mustafa. Mar’atu Baina al-Fiqhi Wa al-Qanun. Cet. VII. Riyad: Dar al-Warraq, 1999.
Al-Yasa’, Abubakar. Metode Istislahiah: Pemanfaatan Ilmu Pengetahuan Dalam Ushul Fiqh.
Jakarta: Prenada Media Group, 2016.
Al-Zamakhsyari, Abu al-Qasim Mahmud Ibnu ’Umar. Al-Kassyaf ’an Haqaiq Gawamid alTanzil Wa ’Uyun al-Aqawil Fi Wujuh al-Ta’wil. Cet. I Vol. Riyad: Maktabah al-Abikan,
1998.
Analiansyah & Nurzakia. “Konstruksi Makna Nusyuz Dalam Masyarakat Aceh dan
Dampaknya Terhadap Perilaku Kekerasan Dalam Rumah Tangga (Studi Kasus Di
Kecamatan Ingin Jaya).” Gender Equality: International Jurnla of Chilld and Gender
Studies 5, no. 2 (2015): 141–60.
Asatiz, Lajnah min Asatizah Qismi al-Fiqh bi Kuliiyah al-Sayariah wal Qanun Jami’ah alAzhar al-Syarif. Muhadarat Fi Al-Ahkam al-Muta’alliqah Bi Fiqhi al-Usrah ’ala Mazhab
Imam al-Syafi’i. al-Qahirah, 2007.
Asyur, Muhammad Tahir Ibnu. Maqasid Al-Syariah al-Islamiyyah. Cet. II. al-Qahirah: Dar alNafais, 2001.
———. Tafsir Al-Tahrir Wa al-Tanwir. Tunis: Dar al-Tunisiyah li al-Nasyr, 1984.
Aziz, Abdul. “Islam Dan Kekerasan Dalam Rumah Tangga.” Koordinat: Jurnal Komunikasi
Antar Peruguruan Tinggi Agama Islam
16,
no.
1
(2017):
159–76.
https://doi.org/10.15408/kordinat.v16i1.6460.
Aziz, Nurul Nadia Abd, Zaidatul Nadiah Abu Yazid, Siti Fahazarina Hazudin, Normilia
Abd Wahid, and Maisarah Ishak. “Reasons Behind Women Tolerance of Abusive
Relationships.” 9th Putrajaya International Conference on Children, Women, Elderly and
People with Disabilities (PICCWED 9), no. April 2020 (2019): 3.
Badawi, Ahmad. “Lafaz Ditinjau Dari Segi Hakikat Dan Majaz (Wacana Pengantar Studi).”
Al-Fikru:
Jurnal
Ilmiah
13,
no.
1
(2019):
50–60.
https://doi.org/10.51672/alfikru.v13i1.27.
Fachri, Ferinda K. “Kasus KDRT Meningkat Setiap Tahunnya,” 2022.
Faizah, Nur. “Nusyuz : Antara Kekerasan Fisik Dan Seksual.” Al-Ahwal: Jurnal Hukum
Keluarga Islam 6, no. 2 (2013): 113–28.

175

Harwis, Marini Abdul Djalal

Nusyuz and Domestic Violence in Indonesia …

Falak, Nabeela. “Causes and Effect of Domestic Violence against Women in Pakistan : An
Analytical Study.” Sustainable Business and Society in Emerging Economies 4, no. 2
(2022): 619–26. https://doi.org/10.26710/sbsee.v4i2.2465.
Hafit Yudi Suprobo. “Indonesia Tempati Peringkat Ke-109 KDRT Di Dunia,” April 2018.
Hasanudin, Hasanudin, Oyo Sunaryo Mukhlas, Muhammad Farhan Bin Mat Noradin,
Ending Solehudin, and Dedah Jubaedah. “Phenomena of Domestic Violence Against
Women and Divorce in 2020-2022 in Indonesia: An Islamic Perspective.” Al-Manahij:
Jurnal
Kajian
Hukum
Islam,
August
23,
2023,
137–52.
https://doi.org/10.24090/mnh.v17i2.7686.
Ismail, Imaduddin Abu al-Fida Ibnu Katsir al-Dimasyqi. Tafsir Al-Qur’an Adzim. Vol. I. alQahirah: Dar al-Da’wah al-Islamiyyah, 2004.
Kamal-deen Olawale Sulaiman. “Insight into the Qur’an, 4: 34 Ruling as Regard Wife Beating
in Islam” 14 (2015).
Kayyal, Basimah. Tatawwur Al-Marah ’Abra al-Tarikh. Bairut: Muassasah ’Izzu al-Din, 1981.
Kourti, Anastasia, Androniki Stavridou, Eleni Panagouli, Theodora Psaltopoulou, Chara
Spiliopoulou, Maria Tsolia, Theodoros N. Sergentanis, and Artemis Tsitsika.
“Domestic Violence During the COVID-19 Pandemic: A Systematic Review.” Trauma,
Violence,
&
Abuse
24,
no.
2
(April
1,
2023):
719–45.
https://doi.org/10.1177/15248380211038690.
Mat Nudin, Nor Syamimi, and Nor Firdous Mohamed. “Exploring the Long-Term
Psychological Impact of Childhood Abuse on Intimate Partner Violence Victims in
Malaysia.” International Journal of Academic Research in Business and Social Sciences 13,
no. 5 (2023). https://doi.org/10.6007/ijarbss/v13-i5/17156.
Mina, Mahboba, Thaer Muhammad Hussein Shukr, and Luay ABED Kareem. “Disobedience
Of The Wife: Its Provisions And Effects According To The Law and Islamic Law, A
Comparative Study.” World Bulletin of Management and Law 6, no. 6 (2022): 62–67.
Muhammad Syahrur. Nahwa Usulin Jadidah Li Al-Fiqhi al-Islami: Fiqhu al-Marah, al-Wasiyyah,
al-Irts, al-Qawamah al-Ta’addudiyah, al-Libas. Cet. I. Dimasyq: al-Ahali li al-Tiba’ah wa
al-Nasyr wa al-Tauzi’, 2000.
Munib, Abdul. “Batasan Hak Suami Dalam Mempertahankan Isteri Pada Saat Nusyuz Dan
Kemungkinan Sanksi Pidana.” Voice Justicia: Jurnal Hukum Dan Keadilan III (2019): 1–
23.
Qasim, ’Ali Muhammad Ali. Nusyuz Al-Zaujah, Asbabuhu Wa ’Ilajuhu Fi al-Fiqhi al-Islami.
Misr: Dal al-Jami’ah al-Jadidah li al-Nasyr, 2004.
Rafianti, Fitri, and M. Hary Angga Pratama Sinaga. “Nusyuz as the Cause of Domestic
Violence: A Comparative Study of Islamic Law and Criminal Law.” International
Journal of Law, Environment, and Natural Resources 3, no. 1 (2023): 11–20.
https://doi.org/10.51749/injurlens.v3i1.45.
Rakib, Abdur. “Pergaulan Dalam Pertunangan Dan Khalwat Fi Ma ’ Na Al -Haml :” AtTurāṡ: Jurnal Studi Keislaman 6, no. 1 (2019): 35–55. https://doi.org/10.33650/atturas.v6i1.547.

176

Rokan, Mustafa Kamal, Imam Yazid, and Ahmad Makky. “Reconstruction of the Concept of
Nushuz of the Wife in the Digital Era.” Samarah 4, no. 2 (July 1, 2020): 568–85.
https://doi.org/10.22373/sjhk.v4i2.7259.
Shihab, M. Quraish. Tafsir Al-Misbah: Pesan, Kesan Dan Keserasian al-Qur’an. Vol. II. Jakarta:
Lentera Hati, 2002.
Siroj, A. Malthuf. “Kekerasan Dalam Rumah Tangga (KDRT) Perspektif Undang-Undang
Nomor 23 Tahun 2004 Dan Hukum Islam.” HAKAM: Jurnal Kajian Hukum Islam Dan
Hukum Ekonomi Islam 4, no. 2 (2020): 1–39. https://doi.org/10.33650/jhi.v4i2.1638.
Syahpahlevi, Reza. “Upaya Penanganan Kasus KDRT Di Indonesia,” 2022.
Tahir, al-Habib Ibnu. Al-Fiqh al-Maliki Wa Adillatuhu. Cet. III. Lubnan: Muassasah al-Ma’arif,
2005.
Tenola, Dida. “Fakta-Fakta Venna Melinda Laporkan KDRT Ferry Irawan Ke Polisi,” 2022.
Trisno Mais. “Sadisnya Suami Di Bitung Aniaya Istri Gegara Telat Pulang Dari Ultah
Tetangga,” 2022.
Wahbah al-Zuhaili. Fiqh Al-Islami Wa Adillatuhu. Vol. IX. Dimasyq, n.d.
Zaidan, Abdul Karim. Al-Mufassal Fi al-Ahkam al-Marah Wa al-Bait al Muslim. Bairut:
Muassasah al-Risalah li al-Nasyr wa al-Tauzih, 1993.

177

Harwis, Marini Abdul Djalal