RE-EVALUASI TEORI NUSYUZ DALAM HUKUM ISLAM: PERSPEKTIF GENDER DALAM KONTEKS RUMAH TANGGA MODERN

Abstract

The concept of nusyuz in Islamic law is usually associated with wives rather than husbands. A wife who neglects her obligations toward her husband, such as fulfilling biological needs or leaving the house without permission, is often considered nusyuz, meaning disobedience or defiance within the household. However, the notion of nusyuz committed by husbands, which is also recognized in Islam, has received less attention in classical Islamic jurisprudence and its legal application. The purpose of this study is to identify and analyze the idea of nusyuz by husbands as found in Islamic legal sources, including the Qur’an, Hadith, and classical fiqh texts, and to examine how these concepts have developed in legal practice. Using a gender perspective, the study evaluates to what extent our understanding of nusyuz by husbands reflects the principles of equality and justice in marital relationships, and how it may contribute to reforms in Islamic family law to address issues faced by wives due to unjust treatment by their husbands. This research employs a fieldwork method through interviews with several informants. The findings indicate that marriage regulations and the practice of modern Islamic law need to clarify the concept of nusyuz by husbands within Islamic family law. Furthermore, family law policies in various Muslim countries should strengthen legal protection for wives who experience nusyuz from their husbands.