TINJAUAN TEORI NUSHUZ TERHADAP PELANGGARAN SUAMI ATAS HAK ISTRI DALAM CATATAN TAHUNAN KOMNAS PEREMPUAN TAHUN 2018 DAN 2019

Mun'im, Abdul and Sari, Silvia Nahla (2020) TINJAUAN TEORI NUSHUZ TERHADAP PELANGGARAN SUAMI ATAS HAK ISTRI DALAM CATATAN TAHUNAN KOMNAS PEREMPUAN TAHUN 2018 DAN 2019. Al-Tahrir: Jurnal Pemikiran Islam, 2 (2). pp. 231-248. ISSN P-ISSN: 2715-6699 E-ISSN: 2715-6672

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Abstract

ABSTRACT : In Islam, when the wife does not fulfill the rights of the husband, it is called nushu ̅z because the wife is considered disobedient to her husband. However, there are still many cases of subordination in households where wives are required to always fulfill the rights of their husbands while there are many cases of husbands who often do not fulfill the rights of their wives, this fact has been recorded by Komnas Perempuan in its 2018 and 2019 Annual Records (CATAHU) which shows a high number of violations husband to wife's rights. Based on this background, the researcher will explain the concept of nushu ̅z husband against wife that occurs in a marriage. This research is a qualitative research, using library research methods. Researchers used documentation data collection techniques in the form of books or journals related to the researcher's thesis title. The analysis technique used is descriptive analysis and content analysis. From this research, it can be concluded that the first type of husband's violence against wives in the National Commission on Violence Against Women 2018 and 2019 has the perspective of nushu ̅z theory, namely husband violence against wives such as physical violence, psychological violence, sexual violence, and economic violence. Second, due to the law of husband violence against wives in CATAHU nushu ̅z perspective, wives have the right to file for divorce by giving ‘iwaḍ as a ransom so that they are separated from the marriage bond. Third, in dealing with husband violence in the nushu ̅z perspective CATAHU, wives can make settlement efforts by advising their husbands so that peace occurs, if peace is not achieved, solutions can be made by submitting husband and wife to the Religious Court.

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