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Ahmad Khalimy
UIN Siber Syekh Nurjati Cirebon

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Dekonstruksi DEKONSTRUKSI NUSYUZ untuk Standard Pemenuhan Tanggung Jawab Keuarga (Pandangan FAQIHUDDIN ABDUL KODIR dan ANALISIS KOMPILASI HUKUM ISLAM): Dekonstruksi Nusyuz menuurut Faqihudin Abdul Kodir, Dekonstruksi Nussyuz menurut Kompilai Hukum Islam, Analisis Studi Perbandingan Dekonstruksi Nusyuz menurut Faqihudin Abdul Kodir dan Kompilasi Hukum Islam Ani Nuraeni; Didi Sukardi; Abdul Aziz; Ahmad Khalimy
Jurnal Studi Islam Vol. 14 No. 1 (2025): Juli 2025
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/jsi.v14i1.9580

Abstract

The assumption that the concept of nusyuz in Islamic law tends to be patriarchal bias so that there needs to be a deconstruction of the meaning in a gender-fair manner. So the purpose of this study departs from Faqihuddin Abdul Qodir's review which raises. The issue of mutuality to analyze the concept of nusyuz, its similarities and comparisons between Faqihuddin Abdul Qodir's perspective and the Compilation of Islamic Law fairly and in depth. This study uses a descriptive-qualitative method accompanied by a literature study (library research). The results of this study can be summarized as first, in the Compilation of Islamic Law, nusyuz can be defined as an attitude when a wife does not want to carry out her obligations, namely: the main obligation to be devoted physically and mentally to her husband and other obligations are to organize and manage daily household needs as well as possible. Second, the perspective of Faqihuddin Abdul Kodir, a figure who initiated the theory of mubadalah (mutuality) between men and women, stated that from the perspective of mubadalah, nusyuz is the opposite of obedience which is negatively oriented towards relationships. It is done by either husband or wife. Third, the analysis of the meaning of nusyuz can be reviewed from the KHI and the perspective of Faqihuddin Abdul Kodir to be more comprehensive. There is a difference in the meaning of nusyuz between the Compilation of Islamic Law and Faqihuddin Abdul Kodir which lies in the allocation and standard of fulfillment of family responsibilities. The similarities are found in the source of interpretation and the purpose of marital balance. In this analysis, the presence of Faqihuddin Abdul Qodir's concept of mutuality can be used as a reference in building the enforcement of nusyuz in Family Law that is more gender-equitable today. Keywords: Nusyuz, Deconstruction, Compilation of Islamic Law, Faqihuddin Abdul Kodir
Analisa ANALISA TENTANG KEPASTIAN JAMINAN HAK ASUH ANAK PADA KASUS PERCERAIAN DI PENGADILAN AGAMA KABUPATEN CIREBON: A. KASUS PERCERAIAN DI KABUPATEN CIREBON, B. JAMINAN KEPASTIAN HAK ASUH ANAK PADA KASUS PERCERAIAN DI KABUPATEN CIREBON Mohammad Agni Ariyanto Agni; Kosim; Abdul Aziz; Ahmad Khalimy
Jurnal Studi Islam Vol. 14 No. 1 (2025): Juli 2025
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/jsi.v14i1.9854

Abstract

Abstract: In a study conducted by Umul Khair, it was found that the implementation of child custody after divorce is not always in accordance with the decision taken by the religious court. Especially related to the fulfillment of child support rights, this is not only a legal obligation for parents, but also an implementation of the purpose of marriage in Islam, namely to protect offspring. By providing basic needs such as housing, clothing, food, medical expenses, and education, parents make a significant contribution to the optimal growth and development of children. This article has two significant objectives. First, to find out about divorce cases in Cirebon Regency and Second, to find out the guarantee of certainty of child custody rights in divorce cases in Cirebon Regency. The method used in this study is a qualitative method with a descriptive approach. The results of the study show that child custody is often given to a mother, in accordance with legal provisions. However, in its implementation, it faces various obstacles, especially in terms of fulfilling child support obligations by the father. Many ex-husbands do not carry out their responsibilities, thus increasing the burden on the mother as the main caregiver. In addition, the strained relationship between ex-husbands often hinders communication and cooperation in child care. Keywords: Certainty, Guarantee, Child Custody.
Co-Authors Abdul Aziz Ani Nuraeni Didi Sukardi Kosim Mohammad Agni Ariyanto Agni