Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol.
No.
December 2025, .
https://doi.
org/10.
32505/qadha.
https://journal.
id/index.
p-ISSN 2356-1637 | e-ISSN 2581-0103 Reconstruction of Nusyz in the Compilation of Islamic Law from the Perspectives of QirAah MubAdalah and RawlsAos Theory of Justice Achmad Kadarisman1*.
Saifullah2.
Erfaniah Zuhriah3.
Abd.
Rouf4.
Abdul Hakim5 1,2,3,4Universitas Islam Negeri Maulana Malik Ibrahim Malang.
Indonesia 5Universiti of Malaya.
Malaysia *Email: achmadkadarisman@gmail.
*Corresponding Author Submitted: May 14, 2025 Accepted: August 14, 2025 Published: August 20, 2025 How to Cite (Chicag.
: Kadarisman.
Achmad.
Saifullah Saifullah.
Erfaniah Zuhriah.
Abd Rouf, and Abdul Hakim.
AuReconstruction of Nusyuz in the Compilation of Islamic Law from the Perspectives of QirAAoah MubAdalah and RawlsAos Theory of JusticeAy.
Al-Qadha: Jurnal Hukum Islam Dan Perundang-Undangan 12 .
, 374395.
https://doi.
org/10.
32505/qadha.
Abstract The Compilation of Islamic Law in Indonesia gives the impression of marginalizing wives and does not regulate the possibility of nusyz committed by husbands.
The existing nusyz norms in Indonesia still reflect gender dominance, which is contrary to the principles of justice and equality increasingly emphasized in modern society.
This research seeks to address the legal gap by reconstructing the nusyz norms in Articles 80, 84, and 149 of the Compilation of Islamic Law, drawing on the concept of qirAAoah mubAdalah and John RawlsAos theory of justice.
This study employs legal research using legislative, historical, conceptual, case, and comparative approaches, with qualitative methods for analyzing legal materials.
The findings reveal that the current nusyz norms in the Compilation of Islamic Law still contain patriarchal bias and fail to fully realize the principle of relational justice.
From the perspective of qirAah mubAdalah, both husbands and wives have the potential to commit nusyz, thus requiring fair legal treatment.
The reconstruction of these norms should affirm the importance of reciprocity .
ubAdala.
in marital relationships, in which husbands and wives are not positioned hierarchically but as equal partners who fairly fulfill each otherAos rights and obligations.
Meanwhile.
RawlsAos theory of justice suggests that legal norms should be drafted without gender bias, ensuring justice for all parties, particularly those in vulnerable positions.
Therefore, the reconstructed nusyz norms must recognize the mutual rights and obligations of both husband and wife in a fair and equal manner.
Keywords: Compilation of Islamic Law.
QirAah MubAdalah.
RawlsAos Theory of Justice.
Nusyz Abstrak Kompilasi Hukum Islam di Indonesia memberikan kesan memarginalkan istri dan tidak mengatur kemungkinan terjadinya nusyz yang dilakukan oleh suami.
Norma nusyz yang ada di Indonesia masih mencerminkan dominasi gender, yang bertentangan dengan prinsipprinsip keadilan dan kesetaraan yang semakin ditekankan dalam masyarakat modern.
Penelitian ini bertujuan untuk mengatasi kesenjangan hukum dengan merekonstruksi norma nusyz dalam Pasal 80, 84, dan 149 Kompilasi Hukum Islam, dengan menggunakan konsep Creative Commons Attribution-Noncommercial 4.
0 International (CC BY-NC 4.
QirAah MubAdalah dan teori keadilan John Rawls.
Penelitian ini merupakan penelitian hukum yang menggunakan pendekatan legislatif, historis, konseptual, kasus, dan komparatif, dengan metode kualitatif dalam menganalisis bahan hukum.
Temuan penelitian ini menunjukkan bahwa norma nusyz dalam Kompilasi Hukum Islam masih mengandung bias patriarkal dan belum sepenuhnya mewujudkan prinsip keadilan relasional.
Dari perspektif QirAah MubAdalah, baik suami maupun istri sama-sama berpotensi melakukan nusyz, sehingga diperlukan perlakuan hukum yang adil.
Rekonstruksi norma tersebut harus menegaskan pentingnya prinsip timbal balik .
ubAdala.
dalam hubungan perkawinan, di mana suami dan istri tidak diposisikan secara hierarkis, tetapi sebagai mitra yang setara dalam memenuhi hak dan kewajiban secara adil.
Sementara itu, teori keadilan Rawls menekankan bahwa norma hukum harus dirumuskan tanpa bias gender, sehingga keadilan dapat terjamin bagi semua pihak, khususnya mereka yang berada dalam posisi Oleh karena itu, rekonstruksi norma nusyz harus mengakui hak dan kewajiban timbal balik antara suami dan istri secara adil dan setara.
Kata Kunci: Kompilasi Hukum Islam.
QirAah MubAdalah.
Teori Keadilan John Rawls.
Nusyz Introduction Islamic teachings affirm that both husband and wife are endowed with balanced rights and obligations.
However, in practice, disparities frequently emerge due to the influence of patriarchal social structures.
1 Although the QurAoan emphasizes the principles of justice and mutual cooperation between spouses, many communities continue to regard the husband as the dominant figure within the household.
2 Such perceptions give rise to forms of injustice, particularly in the distribution of domestic responsibilities and in family decision-making processes, which often disadvantage the position of the wife.
Within the framework of Islamic law, nusyz is one of the most frequently encountered forms of injustice in marital relations.
It refers to the wifeAos defiance of her religiously prescribed obligations, such as neglecting household duties or disregarding her Nevertheless, the definition of nusyz is often understood in a one-sided manner, disproportionately emphasizing the wifeAos conduct while failing to adequately address the unjust or even violent behavior of husbands.
This imbalance contributes to a skewed understanding of rights and obligations within the household and exacerbates broader social In Indonesia, disputes related to nusyz are not always resolved through the Religious Courts but are often settled privately between the spouses themselves or with the Abd Rouf.
Mufidah Ch, and Zaenul Mahmudi.
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Achmad Kadarisman.
Saifullah.
Erfaniah Zuhriah.
Abd.
Rouf.
Abdul Hakim Reconstruction of Nusyz in the Compilation of Islamic Law A assistance of local community leaders.
What is particularly concerning, however, is that such extra-judicial settlements may lead to violations of Law No.
23 of 2004 on the Elimination of Domestic Violence.
Acts such as physical abuse or neglect, which are frequently justified under the pretext of disciplining a spouse, may constitute criminal offenses warranting legal A notable example can be found in the Supreme Court cassation ruling No.
K/Pid.
Sus/2014, which sentenced a husband to four monthsAo imprisonment for the criminal act of Auneglecting another person within his household.
Ay5 The perpetrator .
he husban.
argued that his wife had engaged in nusyz and therefore punished her by withholding her rights as a wife.
The wife subsequently reported the husbandAos actions to the authorities, ultimately resulting in his conviction.
In principle, such misconduct should be subject to sanctions consistent with the principle of marriage equality.
6 However, in reality, such equality is rarely upheld.
In the context of a society increasingly oriented toward gender equality, it is crucial for Indonesian law to reform and reconstruct the norms related to nusyz, so that the law does not favor one party over the other.
Such reform must also encompass a broader understanding of nusyzAinot only referring to the wifeAos conduct but also including the husbandAos negligence in fulfilling his responsibilities.
7Aiby reconstructing the relevant provisions of the Compilation of Islamic Law (KHI).
In Islamic family law, the relationship between husband and wife is structured to enable both parties to fulfill their respective obligations properly.
In doing so, the family can attain both material and spiritual well-being.
This concept emphasizes the importance of mutual support and understanding in creating a harmonious and happy household.
8 The rights and obligations of husband and wife are interdependent and reciprocal: every obligation carried out by the husband toward his wife constitutes her right, and vice versa.
Both are equally responsible for meeting each otherAos needs.
Beyond their rights and obligations, there are also rights held jointly by both 9 namely: .
The right to enjoy sexual relations mutually, willingly, and with .
The prohibition against marriage with parties related by blood or mahram ties.
The preservation of lineage by ascribing children to their legitimate father, whether the parents remain married or have divorced.
The obligation to treat one another kindly, thereby fostering intimacy between them.
The right of inheritance for either spouse upon the death of the other.
Muhammad Alwi Bin Sae Roji.
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The efforts undertaken by the government in developing Islamic family law deserve due appreciation.
Nevertheless, it must also be acknowledged that concerning the norms contained in Articles 80, 84, and 149 of the Compilation of Islamic Law (KHI), significant gaps remain.
Among these are the absence of clear guidelines on how to impose sanctions on wives accused of nusyz in a manner consistent with other laws, as well as the lack of discussion on nusyz committed by husbands against their wives, even though classical Islamic jurisprudence already addresses the notion of nusyz by husbands.
The reform of Islamic law in Indonesia has developed along two complementary First, the law functions in a dienende functie .
ervant functio.
, meaning that it must be responsive to social change.
In this regard, law is often seen as lagging behind social Second, the law also serves as ius constituendum .
uture-oriented la.
, indicating that legal norms should be formulated proactively before problems arise, thereby preventing conflict and offering practical solutions.
Viewed in this light, the reform of Islamic law in Indonesia is not merely about keeping pace with the times, but rather about creating a more just and comprehensive legal framework.
With the right approach.
Islamic law can continue to serve as a relevant and beneficial guide for society, safeguarding the values of justice and collective well-being.
11 From this paradigm, the qirAAoah mubAdalah perspective offers a more equitable and balanced understanding of nusyz, in contrast to patriarchal interpretations that often privilege men.
This perspective emphasizes the principle of reciprocity in marital relations, wherein both husband and wife share equal rights and obligations in preserving household harmony.
Accordingly, nusyz should not only refer to the wifeAos disobedience toward her husband, but also to the husbandAos violations of his wifeAos rights.
Through the lens of qirAAoah mubAdalah, nusyz can be reinterpreted more fairly within the marital relationship: it may be committed by either spouse, and both have the right to admonish one another when such conduct arises.
In addition to this.
John RawlsAos seminal work A Theory of Justice introduces the concept of the veil of ignorance, which enables decision-making free from personal and social bias.
This approach is highly relevant for legal research requiring analyses acceptable across cultural and religious boundaries.
In harmony with qirAAoah mubAdalah.
RawlsAos principle underscores that rules must be designed neutrally, as if individuals did not know their social positionAiwhether as husband or wife.
Within the framework of Islamic law, the concept of nusyz can be reinterpreted through this approach.
If norms are constructed without gender bias, nusyz will be understood as a violation that may be committed by either spouse against the principles of justice and shared responsibility.
The central emphasis in reconstructing nusyz through the combined perspectives of qirAAoah mubAdalah and RawlsAos theory of justice lies in shifting the understanding of equality in marital relations.
Traditionally, nusyz in the KHI positions the wife as the party subject to sanction for disobedience to her husband.
However, through qirAAoah mubAdalah, which Muhammad Ali Thaha.
Tafsir Al Quran Wa IAorabihi Wa Bayanih (Damaskus: Daru Ibn Kathir, 2.
Saifullah.
Refleksi Sosiologi Hukum (Bandung: Refika Aditama, 2.
Shivi Mala Ghummiah.
AuQiraah Mubadalah Sebagai Dialektika Penafsiran Ayatayat Nusyuz Di Era Kontemporer,Ay Al-Tadabbur: Jurnal Ilmu Al-QurAoan Dan Tafsir 8, no.
: 359Ae374.
John Rawls.
A Theory of Justice: Revised Edition (United States of America: Harvard University Press.
Achmad Kadarisman.
Saifullah.
Erfaniah Zuhriah.
Abd.
Rouf.
Abdul Hakim Reconstruction of Nusyz in the Compilation of Islamic Law A prioritizes reciprocity and mutual understanding in spousal relations, and RawlsAos veil of ignorance, nusyz ought to be reconceptualized as a violation potentially committed by either party.
In this way, the law becomes more just, avoiding bias rooted in traditional gender roles.
This reconstruction aims to establish a more universal conception of justice, wherein both husband and wife possess equal rights and obligations in upholding morality, sharing responsibility, and maintaining household harmony.
Based on the issues identified above, this study seeks to reconstruct the norms of nusyz in Articles 80, 84, and 149 of the Compilation of Islamic Law by incorporating the concepts of qirAAoah mubAdalah and John RawlsAos theory of justice.
This study employs a normative legal research design, which focuses on law as its object of inquiry.
The research examines theoretical, historical, comparative, and structural aspects of the law, as well as other dimensions, insofar as they pertain to legal norms rather than their practical implementation.
14 Five principal approaches are utilized: the statute approach, the conceptual approach, the historical approach, the case approach, and the comparative approach.
Three categories of legal materials are employed in this research: primary, secondary, and tertiary.
Primary legal materials include statutory regulations on marriage, such as the Compilation of Islamic Law (KHI), relevant jurisprudence on marriage and nusyz, as well as ratified treaties and conventions.
Secondary legal materials consist of Abdul Kodir FaqihuddinAos qirAAoah mubAdalah: Tafsir Progresif untuk Keadilan Gender dalam Islam.
John RawlsAos A Theory of Justice: Revised Edition, along with other relevant books and scholarly articles on marriage and nusyz.
16 Tertiary legal materials comprise mass media reports that highlight the phenomenon of nusyz in contemporary society.
The collection of legal materials was carried out through a document-based method, commonly referred to as library research.
This involved gathering written legal sources and analyzing them through content analysis.
17 Content analysis is a research method used to systematically examine and interpret documents or texts by identifying patterns, themes, and key elements embedded in the legal materials.
For the analytical process, the provisions of the Compilation of Islamic Law (Articles 80, 84, and .
were examined in consideration of their connotative meanings within the relevant socio-legal context.
These primary materials were then compared with secondary and tertiary materials to develop a more comprehensive understanding.
The comparative process aims to assess how RawlsAos principles of justiceAiparticularly Aujustice as fairnessAyAi can be applied within the framework of Islamic law.
Nusyz from the Perspective of QirAAoah MubAdalah QirAAoah MubAdalah is a method of reciprocal interpretation, or interpretive reading of mutuality, applied in re-examining the foundational texts of IslamAithe QurAoan and HadithAito develop a more inclusive understanding.
In this context, nusyz is not merely Abdul Kadir Muhammad.
Hukum Dan Penelitian Hukum (Bandung: PT.
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Johnny Ibrahim.
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understood as the wifeAos disobedience, such as leaving the home without permission or refusing sexual relations, but also encompasses the husbandAos indifference and failure to fulfill his responsibilities.
18 This broader perspective offers a more holistic understanding of the dynamics of power and emotion within marital relationships, compelling us to reconsider how sacred texts, when approached through qirAAoah mubAdalah, may transform our comprehension of gender equality in the household.
This approach underscores that the marital relationship is one of reciprocal benefit and shared responsibility, both of which are essential in building a harmonious family.
Studies confirm that mutual respect and cooperation in fulfilling respective roles significantly reduce the potential for nusyz.
Accordingly.
Muslims are encouraged to view nusyz within the framework of mutuality, wherein both spouses have equal rights to share responsibilities and fulfill their commitments within marriage.
In practice, applying the values of qirAAoah mubAdalah can help to reduce the level of conflict and address instances of nusyz more constructively and equitably.
In this regard, the mubAdalah approach provides an ontological foundation rooted in Islamic teachings that honor the humanity of all individuals, regardless of gender.
Moreover, qirAAoah mubAdalah relates to how we interpret and critically engage with the influence of broader social superstructures on the phenomenon of nusyz.
Through this perspective, nusyz is no longer confined to a patriarchal understanding but is recognized as a relational phenomenon that may involve both husband and wife.
QirAAoah MubAdalah introduces egalitarian values and gender justice into family life.
the phenomenon of nusyz, this approach emphasizes the importance of mutual awareness of rights and obligations within marriage, as well as reciprocal understanding and support between spouses.
21 Furthermore, qirAAoah mubAdalah asserts that both spouses must be recognized as active agents in defining their relationship.
Accordingly, it advocates for a relational model grounded in cooperation and communication, which can reduce the likelihood of nusyz and enhance the overall quality of marital relations.
As an emerging interpretive framework in approaching religious texts, qirAAoah mubAdalah provides a new lens for examining the phenomenon of nusyzAinamely, behavior that violates oneAos marital obligations.
This approach centers on gender equality and mutual respect as the foundations governing spousal relations within an Islamic context.
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Achmad Kadarisman.
Saifullah.
Erfaniah Zuhriah.
Abd.
Rouf.
Abdul Hakim Reconstruction of Nusyz in the Compilation of Islamic Law A In this regard, the roles of husband and wife should be understood as complementary to one another.
The QurAoan highlights this in two verses: Surah al-NisAAo .
and Surah alNisAAo .
The first verse addresses how to respond to a wifeAos nusyz, while the second guides resolving marital conflict, which may also be applied reciprocally in the context of a husbandAos nusyz.
23 Research has shown that nusyz is not limited to wives but may also occur on the part of husbands, manifesting in behaviors such as neglect, emotional withdrawal, or harboring unfounded suspicions toward their wives.
The interpretation of these verses, through the mubAdalah framework, is carried out by applying three distinctive premises:
Islamic texts must address both men and women equally.
The principle underlying male-female relations is cooperation and reciprocity, rather than hegemony or domination.
Islamic texts remain open to reinterpretation so that the first two premises are consistently reflected in every act of interpretation.
Several scholars have also highlighted the presence of injustice in the legal framework governing nusyz, wherein, in many cases, only the wife is regarded as the party committing nusyz.
At the same time, similar conduct on the part of the husband is This highlights the need for legal reform to reflect a more just and equitable marital relationship.
25 The mubAdalah approach encourages us to reassess these conventional understandings and adopt a more inclusive perspective, in which both spouses share equal responsibility for their conduct within marriage.
In interpreting the positive norms enshrined in Articles 80, 84, and 149 of the Compilation of Islamic Law (KHI), qirAAoah mubAdalah offers a fairer and more respectful framework for understanding marital relations, particularly in addressing issues of nusyz.
This approach emphasizes equality and shared responsibility, standing in contrast to traditional interpretations that tend to reinforce patriarchal biases.
The following is an assessment of Articles 80, 84, and 149 of the Compilation of Islamic Law:
Article 80 of the Compilation of Islamic Law This article stipulates that the husband is obliged to provide financial support .
to his wife, including basic needs, housing, and medical expenses.
Within the framework of qirAAoah mubAdalah, this norm should be understood as a shared responsibility between both The wife also plays a role in providing emotional and material support for the The duties of husband and wife must be complementary, strengthening family bonds Azis Abdul Sidik and Ihsan Imaduddin.
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Abdul Kodir Faqihuddin.
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Fadhlurrahman et al.
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Ay and minimizing the potential for nusyz arising from dissatisfaction or perceived injustice in the distribution of responsibilities.
The concept of nafkah in qirAAoah mubAdalah underscores the wifeAos role not only as a recipient but also as an active contributor to the familyAos economic well-being.
She is regarded as a partner who provides both emotional and material support.
Balanced distribution of responsibilities between spouses reduces the likelihood of disputes and tension within the household.
Thus, the application of qirAAoah mubAdalah values in the context of nafkah contributes positively to family life by fostering cooperation and fairness.
Article 84 of the Compilation of Islamic Law This article states that a wife is obligated to obey her husband, provided that such obedience does not contravene Islamic law.
From the perspective of qirAAoah mubAdalah, obedience (AAoa.
must be viewed within the context of mutual understanding and negotiation, rather than domination.
This principle calls upon spouses to conduct their marriage based on musyAwarah .
, whereby decisions are made jointly and grounded in equitable consensus.
The concept of obedience in qirAAoah mubAdalah highlights equality in marital relations.
In this sense, obedience does not signify unconditional submission by the wife to her husband, but rather a relationship in which both parties mutually respect and honor each The application of musyAwarah in family life further strengthens trust and fosters a more egalitarian partnership.
Article 149 of the Compilation of Islamic Law This article provides legal protection for a spouse who experiences nusyz.
From the qirAAoah mubAdalah perspective, dissatisfaction on the part of either spouse that leads to nusyz should be understood as an indication of disharmony in the relationship that requires joint Instead of judging one party as solely at fault, qirAAoah mubAdalah encourages collaborative initiatives to restore harmony.
This approach allows both spouses to engage in self-reflection and evaluate their respective roles and behaviors within the marital Article 149 thus affirms the importance of legal protection for the aggrieved spouse.
While nusyz is conventionally framed as disobedience to marital obligations, qirAAoah mubAdalah interprets dissatisfaction as a signal of deeper issues within the relationship's As a hermeneutical approach to understanding religious texts, qirAAoah mubAdalah emphasizes cooperation and reciprocal communication as essential means of resolving marital conflict and preserving the integrity of the household.
The concept of nusyz is not limited to physical or verbal acts but also encompasses emotional and psychological imbalances that may arise within a marital relationship.
The implementation of qirAAoah mubAdalah in addressing nusyz offers a constructive framework for repairing fractured relationships.
Rather than focusing solely on punishment or sanctions Miswanto.
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Miswanto.
Miswanto.
Achmad Kadarisman.
Saifullah.
Erfaniah Zuhriah.
Abd.
Rouf.
Abdul Hakim Reconstruction of Nusyz in the Compilation of Islamic Law A against the party deemed guilty, qirAAoah mubAdalah invites both spouses to perceive the issue as a shared challenge to be resolved collaboratively.
The primary expectation of these provisions is that qirAAoah mubAdalah be incorporated into the positive norms of the Compilation of Islamic Law (KHI), thereby creating a more respectful and empathetic marital atmosphere.
Another vital aspiration is that qirAAoah mubAdalah may transform the paradigm of understanding and applying Islamic law in ways that reflect greater gender equity.
This approach encourages broader social change, fostering healthier and more harmonious spousal relationships.
Nevertheless, from the perspective of qirAAoah mubAdalah, the provisions of the Compilation of Islamic LawAiparticularly Articles 80, 84, and 149 related to nusyzAistill reveal significant shortcomings that warrant careful examination in the process of legal One of the most notable weaknesses is that these provisions often put women at a disadvantageous position.
Furthermore, they often fail to reflect a balanced recognition of the rights and responsibilities of both spouses.
For example.
Article 84 defines nusyz exclusively in terms of a wifeAos failure to fulfill her obligations.
By contrast, qirAAoah mubAdalah demonstrates that either spouse may commit nusyz.
This narrow interpretationAirestricting nusyz to wivesAirisks exacerbating inequality in marital relations.
When only wives are deemed responsible for marital conflict, women may be unjustly blamed for relational breakdowns, while the misconduct or negligence of husbands, which may equally harm the marriage relationship, is overlooked or The implementation of this narrow definition of nusyz also neglects the importance of communication and cooperation between husband and wife in building a healthy As a corrective step, the law needs to develop a more inclusive concept of nusyz, whereby both husband and wife may be held accountable for behaviors that undermine marital harmony.
Article 149, which regulates the resolution of conflicts arising from nusyz, tends to emphasize punitive measures rather than solutions that allow for dialogue and An approach that intimidates or punishes one party without considering the broader context merely escalates tension within the relationship.
Such measures create unhealthy power dynamics and fail to address the problem constructively.
The punitive orientation embedded in Article 149 provides little space for conflict resolution through communication and mutual understanding between spouses.
By focusing on punishment, this provision risks intensifying mutual distrust and deepening polarization.
As an alternative, the law should consider incorporating mediation or counseling as integral components of conflict resolution.
The Compilation of Islamic Law frequently falls short of reflecting the principles of justice and equality, which should serve as the foundation of marital relations.
The existing provisions do not embody the principles of QirAAoah MubAdalah, which call for a balanced recognition of rights and responsibilities between spouses.
Without reconstruction, the law risks perpetuating restrictive and unresponsive norms that fail to address contemporary Sidik and Imaduddin.
AuAnalisis Penafsiran Tokoh Feminis Terhadap Ayat-Ayat Nusyuz Dalam AlQuran.
Ay gender dynamics.
31 Constructive dialogue and negotiation should therefore form a central element of legal reform in resolving domestic issues.
In reconstructing these articles, a more inclusive and egalitarian approach lies in applying the principles of qirAAoah mubAdalah, namely by eliminating gender-biased categorizations that view the roles of husband and wife solely from a traditional perspective.
The reconstruction of the Compilation of Islamic Law (KHI) must also consider the need to create an open space for dialogue in resolving conflicts.
Compilation of Islamic Law from John RawlsAos Perspective of Justice John Rawls did not specifically address marital law in Indonesia.
However, his primary concern lies in the principles of social justice and the distribution of wealth, rather than in regulating marriage within a particular national context.
Nonetheless.
RawlsAos principles of justice may be applied in analyzing marital law, including Islamic family law, through the lens of his foundational concept of Justice as Fairness.
RawlsAos ideas on justice can be linked to the values embedded in Pancasila, particularly the first principle.
Belief in the One and Only God.
This principle functions not only as a spiritual foundation but also as a driving force for the implementation of the other principles, including the second.
Just and Civilized Humanity.
Together, these principles emphasize the importance of respecting universal human values, wherein every individual is regarded as equal as a creation of God.
This aligns with RawlsAos principle of equal liberty, which underscores the necessity of equal freedoms for all individuals.
The relationship between Pancasila and RawlsAos principles of justice is reflected in the legal framework articulated in the Preamble of the 1945 Constitution.
According to this preamble, the people are entitled to fundamental rights and freedoms.
Within RawlsAos theory of justice, these basic rights and freedoms that must be guaranteed to every Indonesian citizen are detailed in the Constitution, encompassing the right to a decent life, the right to self-preservation, and the right to meet basic needsAiall of which are consistent with RawlsAos The concept of justice introduced by John Rawls is consistent with the principles contained in the Compilation of Islamic Law (KHI), particularly in its recognition that acts of nushuz may be committed by either the husband or the wife.
The application of the principle of equality in the KHI reflects the lawAos commitment to relational justice within the family.
Jirzanah and Budisutrisna.
AuAuWomenAos Equality in Islamic Teachings Seen Through the Perspective of Fair and Civilized Humanity (Kemanusiaan Yang Adil Dan Berada.
,Ay Jurnal Filsafat 33, no.
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Syukron Wahyudhi and Faza Achsan Baihaqi.
AuKontekstualisasi Teori Keadilan John Rawls Pada Konstelasi Kemasyarakatan Di Indonesia (Studi Korelasi Antara Al-Quran Dan Bibe.
,Ay Al-Mada:
Jurnal Agama.
Sosial.
Dan Budaya .
258Ae69, https://doi.
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Andra Triyudiana and Neneng Putri Siti Nurhayati.
AuPenerapan Prinsip Keadilan Sebagai Fairness Menurut John Rawls Di Indonesia Sebagai Perwujudan Dari Pancasila,Ay Das Sollen: Jurnal Kajian Kontemporer Hukum Dan Masyarakat 2, no.
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11111/dassollen.
Achmad Kadarisman.
Saifullah.
Erfaniah Zuhriah.
Abd.
Rouf.
Abdul Hakim Reconstruction of Nusyz in the Compilation of Islamic Law A which includes acknowledging the roles and rights of both parties in marriage as part of a just social system.
John Rawls chose the basic structure of societyAiparticularly the familyAias the central subject of his theory of social justice, recognizing that this structure encompasses diverse and complex social positions.
By understanding these dynamics.
Rawls sought to develop a theory of justice capable of addressing such inequalities and establishing a foundation for a more just and equitable society.
The provisions of the Compilation of Islamic Law, however, continue to portray nusyz as being exclusively on the part of women.
Likewise, its mechanism for controlling nusyz is primarily through the suspension of the husbandAos obligation to provide financial support .
to his wife.
In reality, however, many Indonesian women today can work and earn income not only to support themselves but also their children and even their Consequently, the articles of the KHI are increasingly viewed as irrelevant, leaving a legal vacuum.
It is within this context that the concepts of mubAdalah and John RawlsAos Justice as Fairness may function optimally, contributing to the development of legal solutions that fill this gap in a comprehensive, decisive, and beneficial manner, while ensuring justice for both spouses.
Between mubAdalah and Justice as Fairness, a precise alignment emerges in their scope and applicationAinamely, within constitutional norms and the familyAiboth of which prioritize equality and reciprocity.
The Relationship between John RawlsAos Principles of Justice and Islamic Marital Law:
Rights and obligations in Islamic marriage: According to Islamic family law .
s codified in the Indonesian Compilation of Islamic La.
, several provisions may appear unequal, such as the husbandAos role as the head of the household and his greater financial responsibilities.
From RawlsAos perspective, however.
Islamic marital law must ensure that such inequalities do not disadvantage the weaker partyAinamely, womenAiand must guarantee the protection of wivesAo rights, particularly in matters of inheritance, divorce, and protection from domestic The Difference Principle: Rawls argued that inequalities are acceptable only if they benefit the least advantaged members of society.
In the context of Islamic family law, this means that the asymmetry in spousal roles must be structured in such a way that it provides advantages to women and children, particularly by granting them social and economic protection.
John Rawls also emphasized the importance of fundamental individual liberties within a just society.
This principle emphasizes granting individuals broad freedoms, provided that these freedoms do not infringe upon the rights of others.
Its application can be illustrated as Nur Solikin and Moh.
Wasik.
AuThe Construction of Family Law in the Compilation of Islamic Law in Indonesia: A Review of John RawlsAos Concept of Justice and Jasser AudaAos Maqashid AlShariAoa,Ay Ulumuna .
315Ae40, https://doi.
org/https://doi.
org/10.
20414/ujis.
Mustafid et al.
AuSanksi Kebiri Dalam Konteks Kejahatan SeksualPada AnakPerspektif Hukum Islam Dan Teori Keadilan John Rawls,Ay Yurisprudentia: Jurnal Hukum Ekonomi 9, no.
: 148Ae 63, https://doi.
org/https://doi.
org/10.
24952/yurisprudentia.
Freedom to choose a spouse: In Islamic family law, a guardian .
plays a significant role in determining a womanAos marriage partner.
From RawlsAos perspective, this raises the question of whether such an arrangement affords women sufficient freedom to choose their life partners by the principle of fundamental liberty Divorce and individual freedom: A key provision in Islamic family law concerns divorce procedures, wherein the husband is granted the unilateral right of alAq .
, while a wife must undergo more complex procedures, such as filing for cerai gugat .
ontested divorc.
, if she wishes to end the marriage.
From RawlsAos standpoint, this arrangement invites scrutiny as to whether it generates inequality in individual freedom, particularly the wifeAos freedom to exit an unhealthy marital relationship.
One of the significant debates in applying RawlsAos principles to Islamic family law concerns the position of women within the legal framework.
Within RawlsAos framework, especially the Difference Principle, it is essential to evaluate whether existing inequalities genuinely benefit the weaker party.
Islamic family law frequently faces challenges in its integration with the national legal system, particularly in strengthening the principles of justice proposed by John RawlsAinamely, ensuring legal protections for those in weaker positions within the family structure.
The application of RawlsAos principles of justice to Islamic marital law opens space for reflection on the extent to which such law can create social justice and equality for all parties, particularly women.
Islamic family law could become more equitable if RawlsAos principles were appliedAiby granting adequate freedoms and protections for women and children, and by ensuring that any inequality in the law is permissible only when it produces greater benefits for those who are most vulnerable in society.
RawlsAos Principles of Justice and Nusyz can be understood through the application of both the Principle of Equality and the Difference Principle.
The first principle, the Principle of Greatest Equal Liberty, emphasizes that every individual should possess equal rights and freedoms.
In the marital context, this principle can be used to evaluate the position of women in Islamic family law, particularly to determine whether certain provisions restrict or infringe upon their fundamental liberties.
For instance, in cases of nusyz, if a wife feels compelled to withhold sexual relations or leave the marital home due to unjust treatment by her husband, such actions may be understood as efforts to preserve her dignity and freedom.
37 Meanwhile.
RawlsAos second principle, the Difference Principle, asserts that social and economic inequalities are acceptable only if they benefit the least privileged members of society.
Within Islamic family law, disparities in marital relationsAi Alex Kusmardani et al.
AuThe Development of Ideas on The Reform and Transformation of Islamic Family Law Into Legislation in Islamic Countries,Ay JURNAL SYNTAX IMPERATIF : Jurnal Ilmu Sosial Dan Pendidikan 4, no.
: 644Ae62, https://doi.
org/https://doi.
org/10.
36418/syntaximperatif.
Syafruddin Syam.
Syahrul Syahrul, and Siti Ameliyah.
AuPembangunan Politik Hukum Islam Pada Masa Orde Baru.
Reformasi Dan Pasca Reformasi,Ay Al Qalam: Jurnal Ilmiah Keagamaan Dan Kemasyarakatan 17, no.
: 1069Ae86, https://doi.
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35931/aq.
Achmad Kadarisman.
Saifullah.
Erfaniah Zuhriah.
Abd.
Rouf.
Abdul Hakim Reconstruction of Nusyz in the Compilation of Islamic Law A such as in the regulation of nusyzAimust therefore be carefully assessed to ensure that they do not place women at a disadvantage.
The primary critique of Islamic family law about nusyz lies in the presence of gender inequality in the treatment of husbands and wives.
The law often grants husbands greater authority in managing household affairs and making decisions, which may conflict with RawlsAos principles of justice.
For instance, the husbandAos right to pronounce alAq .
more easily than the wifeAos more complicated divorce procedures has drawn considerable 39 From the perspective of law and justice, womenAos rights concerning divorce, financial support .
, and protection from violence must be emphasized more strongly to ensure that these rights are safeguarded both legally and socially.
Based on the foregoing analysis, the application of RawlsAos principles can support the expansion of reform in Islamic family law, making it more just and equitable.
The implementation of John RawlsAos principles of justice in analyzing nusyz underscores the importance of adapting Islamic family law to create fairness for all parties within marriage.
A critical evaluation of existing inequalitiesAiespecially those related to divorce rights, financial support, and child protectionAiis therefore necessary.
Such reform is expected to safeguard the fundamental rights of women and children in marriage while establishing a more just and egalitarian legal structure within society.
The following illustrates the application of John RawlsAos principles of justice in analyzing Articles 80, 84, and 149 of the Compilation of Islamic Law (KHI):
Article 80 Article 80 of the Compilation of Islamic Law (KHI) regulates the rights of spouses in marriage, including the right to mutual love and respect.
From RawlsAos perspective, this provision can be analyzed through the lens of distributive justice, which emphasizes that rights and obligations within a social structure must be arranged in a way that benefits all parties, particularly those who are most vulnerable.
The essential point of Article 80 states:
AuIf the wife commits nusyz, the husband has the right to withhold financial support .
Ay Its relationship with RawlsAos principles can be understood in two ways.
First, the Principle of Equality (Principle of Greatest Equal Libert.
raises questions regarding the wifeAos freedom, as every individual should have the liberty to determine their actions as long as they do not harm others.
Second, the Difference Principle suggests that any inequality must provide benefits to the least advantaged.
Considering the inherent disparities in divorce rights and the right to leave the marital home.
Article 80 requires revision to grant greater freedom to women, particularly in urgent situations such as domestic violence.
Such a reconstruction aligns with RawlsAos emphasis on protecting fundamental freedoms and safeguarding individuals who are more vulnerable in society.
Arif Sugitanata.
AuTransformasi Konsep Hadhanah Di Indonesia: Analisis Kemaslahatan Pada Surat Edaran Mahkamah Agung Nomor 1 Tahun 2017,Ay JURNAL DARUSSALAM: Pemikiran Hukum Tata Negara Dan Perbandingan Mazhab .
302Ae16, https://doi.
org/https://doi.
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59259/jd.
Maskur Rosyid.
AuIstishab Sebagai Pemecahan Masalah Kekinian,Ay Syariah: Jurnal Hukum Dan Pemikiran 18, no.
: 45Ae64, https://doi.
org/https://doi.
org/10.
18592/sy.
Article 84 Article 84 of the Compilation of Islamic Law (KHI) concerns the conduct of husbands and wives in marriage, including their respective rights and obligations, as well as the legal consequences that may arise when one party fails to fulfill such obligations.
When analyzed through the lens of John RawlsAos principles of justice, several significant points can be The essence of Article 84 of the KHI is: AuConcerning the consequences borne by a wife when she is proven to have committed nusyz, based on valid evidence.
Ay Its relation to RawlsAos principles can be understood as follows.
From the perspective of the Principle of Equality (Principle of Greatest Equal Libert.
, this article may be seen as favoring the stronger partyAithe husbandAisince it allows the suspension of his obligation to provide nafkah .
inancial suppor.
to a wife deemed nusyz.
However.
Rawls maintained that inequality is legitimate only when it benefits the least advantaged.
In this context, wives who are already in a vulnerable or marginalized position, including victims of domestic violence, should retain their right to financial support and protection.
Similarly, under the Difference Principle, the article appears to privilege the husband by permitting the termination of nafkah to a wife deemed nusyz.
Yet, according to Rawls, any inequality is acceptable only if it serves to benefit those who are least advantaged.
Therefore, in situations involving injustice or domestic violence, women must still be guaranteed their rights to nafkah and protection from their husbands.
Financial support should be regarded as a fundamental right, one that is not contingent solely on the wifeAos nusyz status, but also on her broader social and emotional conditions within the marriage.
Article 149 Article 149 of the Compilation of Islamic Law (KHI) serves as a primary reference for regulating divorce matters within the framework of Islamic law in Indonesia.
It grants authority to the courts to resolve issues arising from divorce, including the determination of nafkah, child custody, and the division of joint property.
40 Within this framework, the application of RawlsAos principles of justice becomes highly relevant, as any legal resolution must ensure fairness for all parties, especially those who are more vulnerable, such as wives and children.
The essence of Article 149 of the KHI is: AuA husband may withhold post-divorce nafkah if the wife is deemed to have committed nusyz against her husband.
Ay Its relation to RawlsAos principles can be elaborated as follows.
From the perspective of the Principle of Equality (Principle of Greatest Equal Libert.
, this provision grants husbands broader authority to initiate divorce, while wives may only file for divorce under more complex procedures, such as cerai gugat .
ontested divorc.
From RawlsAos perspective, such an arrangement risks placing wives in a more unequal position, as they face greater obstacles in obtaining the right to divorce compared to husbands.
Similarly, under the Difference Principle, any inequality in divorce rights must be carefully scrutinized.
The husbandAos easier access to alAq .
may disadvantage wives who remain trapped in unjust or abusive marriages.
In the spirit of legal reform, women should be granted more equal rights in initiating divorce, particularly in cases of nusyz or domestic violence.
Granting women greater ease in Rouf.
Ch, and Mahmudi.
AuJoint Property Division in Indonesia : A Gender Equality Viewpoint.
Ay Achmad Kadarisman.
Saifullah.
Erfaniah Zuhriah.
Abd.
Rouf.
Abdul Hakim Reconstruction of Nusyz in the Compilation of Islamic Law A obtaining divorce would create a balance between husband and wife, enabling both to end unhealthy or unjust relationships.
From the foregoing discussion, it becomes clear that all three articlesAiArticles 80, 84, and 149 of the KHIAicontain inherent inequalities that may disadvantage the weaker party in the household, especially women.
Based on RawlsAos principles of justice, these inequalities must be evaluated to ensure that they genuinely benefit the weaker partyAinamely, womenAiby guaranteeing them equal rights to freedom, financial support, and divorce within marriage.
Table 1: Reconstruction of Nusyz Norms No Nusyz Initial Construction Weakness Article .
The husband is the leader of his wife although important household matters must be decided husband and wife.
The obliged to protect his wife and provide for according to his .
The husband must education to his wife and allow her to pursue knowledge religion, the nation, and society.
According to his income, the husband .
Nafkah .
iving expense.
, clothing, and housing for his Household expenses, healthcare, and medical costs Educational Article 80 verse .
giving the impression that the wife occupies a subordinate role.
Although it requires joint decisions, the imbalance embedded in this provision creates injustice for wives when making significant household Reconstruction Verse .
Husband and wife serve as equal partners in leading the household.
Important household decisions must be made through .
, with both parties equally entitled to participate freely and fairly.
Verse .
The husbandAos obligations to provide nafkah, housing, and other necessities for his wife remain valid even in the event of disagreement or conflict, except where there is proven domestic violence or arbitrary conduct by the wife.
Verse .
The husband remains obliged to provide basic protection in the form of nafkah, housing, and care, even when disputes or disobedience arise Article .
The husbandAos his wife as stipulated above applies only after the wife has achieved full tamkn .
The wife may release her husband from his obligations as referred to in points .
The husbandAos obligations lapse if the wife commits nusyz.
A wife may be considered nusyz if she refuses to fulfill her obligations as stated in Article 83.
, except with a legitimate reason.
While in a state of nusyz, husbandAos obligations as stated in Article 80.
do not apply, except .
The husbandAos obligations resume after the wife ceases to be in a state of nusyz.
Determination whether the wife is in nusyz must be within the marriage.
Article 80 Verse .
and Article 84.
state that a husbandAos obligations lapse if the wife is in nusyz.
This husband to deny financial support or housing to a wife who may already be .
domestic violence or Such without protection.
Verse .
Even when the wife is considered in nusyz, the husbandAos obligations to provide nafkah and housing remain in force, along with related to the welfare of the children.
Verse .
Deleted.
Verse .
The husband shall be considered nusyz if he fails to provide nafkah, housing, and other necessities without justifiable reason, or if he inflicts physical.
These articles are also mental, or economic overly dependent on harm upon his wife.
the wifeAos nusyz status to determine Additional Article and 84.
obligations, placing Verse .
Both a husband and wife are precarious position jointly obliged to that relies heavily on maintain household and harmony and avoid Achmad Kadarisman.
Saifullah.
Erfaniah Zuhriah.
Abd.
Rouf.
Abdul Hakim Reconstruction of Nusyz in the Compilation of Islamic Law A unjust behavior constituting nusyz.
Verse .
Any occurrence of nusyz must first be addressed through dialogue and mediation, taking into account emotional, social, and economic Verse .
If mediation fails, the matter shall be resolved in court, where judgment will be based on the principle of shared welfare rather than the interests of only one party.
Verse .
Procedures for proving and handling cases of nusyz must be conducted fairly and Verse .
In cases where one party suffers harm due to nusyz, they have the right to request separation of residence or file for Article When a marriage ends due to alAq .
, the former husband is obliged to:
Provide a reasonable mutAoah .
onsolatory gif.
to his former wife, in the form of money or goods, unless the divorce occurred before consummation Article 149 requires husbands to provide support during Aoiddah, but Article 152 reduces this right if the wife is deemed nusyz.
This exacerbates injustice in divorce, as wivesAialready facing economic hardshipAimay lose .
The husband must provide reasonable mutAoah to his former wife, which includes adequate nafkah to support her livelihood during the waiting period (Aoidda.
, except when the divorce results from the wifeAos proven fault.
obla al-dukh.
Provide nafkah, housing, and clothing during the wifeAos waiting period (Aoidda.
, unless she was divorced irrevocably .
lAq baAoi.
, deemed nusyz, or not .
Pay any outstanding dowry .
in full, or half if divorce occurred before consummation.
Cover childcare expenses until the children reach the age their entitlement to Aoiddah support solely due to their nusyz status, even when it may result from the husbandAos The reconstruction of nusyz norms in the Compilation of Islamic Law (KHI) highlights the imbalances that arise in husband-wife relationships.
Article 80 positions the husband as the head of the household and specifies his obligations, yet these obligations may lapse if the wife is deemed nusyz, placing her in a vulnerable position.
The reconstruction emphasizes equality through joint decision-making and ensures that the husbandAos duties remain in effect except in cases of violence or arbitrary conduct.
Article 84 reinforces this principle by establishing shared responsibilities, resolving issues through dialogue and mediation, and granting the aggrieved party the right to request separate residence or divorce, while limiting subjective determination of nusyz.
Article 149, related to divorce, affirms the husbandAos obligation to provide mutAoah and Aoiddah support unless the wife is proven at fault, aiming to protect wives from economic injustice due to their nusyz status.
Overall, this reconstruction underscores the need to revise nusyz norms to guarantee equality, protect vulnerable wives, and implement the principles of distributive justice within Islamic family law.
Conclusion This study finds that the norms contained in the Compilation of Islamic Law (KHI), particularly Articles 80, 84, and 149, remain discriminatory and gender-biased.
These norms assume that the act of nusyz can only be committed by the wife, thereby placing the legal consequences solely on women.
Such a perspective contradicts the fundamental principles of justice in Islam, which recognize the reciprocal responsibilities between spouses.
The qirAAoah mubAdalah perspective emphasizes the importance of reciprocity .
ubAdala.
in marital Husbands and wives are not parties in a hierarchical relationship but rather equal partners who fulfill their rights and obligations fairly.
Meanwhile.
John RawlsAos theory of justice asserts that legal norms must be formulated based on principles of justice for all parties, especially those in vulnerable positions.
The proposed reconstruction is to amend the nusyz norms in Articles 80, 84, and 149 of the Compilation of Islamic Law by incorporating the concept of qirAAoah mubAdalah and John RawlsAos theory of justice into a new norm.
Achmad Kadarisman.
Saifullah.
Erfaniah Zuhriah.
Abd.
Rouf.
Abdul Hakim
Reconstruction of Nusyz in the Compilation of Islamic Law A References