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Islamic Renewal in the Field of Family Law: A Historical Analysis of Gender Equality Qadri, Busran; Siregar, Ihsan Mulia
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 2 (2023): El-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i2.17128

Abstract

This paper aims to discuss Islamic renewal in the field of family law by focusing on gender equality. The unfair treatment of women within pre-Islamic Arabian society was the starting point for Islamic renewal in the field of law, especially of family law. Such treatment was not in line with the principles contained in Islam, i.e., to bring mercy to all worlds. This study used a normative descriptive-analytical method and a sociological-historical approach. The data analyzed came from articles, books, and various references related to the topic. The study concludes that as a religion that brings mercy to all people, Islam reforms the behaviors detrimental to women; yet, the reform is not the end result, in which it is highly likely that it will be updated in the future for the benefit of the community universally. Therefore, a comprehensive understanding is needed in understanding Islamic law related to gender relations between men and women. This study also reveals that socio-historically men and women have a balanced and equal relationship with each other.
Nusyuz Menurut Pemikiran Sayyid Qutb dalam Tafsir Fi Zilalil Qur’an Qadri, Busran; Murdiana, Elfa; Bustomi, Ahmad
Tapis: Jurnal Penelitian Ilmiah Vol 6 No 1 (2022): Tapis : Jurnal Penelitian Ilmiah
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat of Universitas Islam Negeri Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/tapis.v6i1.5140

Abstract

Nusyuz has always been related to the wife's non-compliance with her husband. Therefore, there is a difference in resolving nusyuz cases committed by husbands and wives. If nusyuz is performed by the wife, then the husband has the right to advise the wife, separate the bed, and hit with a note of not hurting. Whereas, when nusyuz is done by the husband, there is a tendency for the wife to should give up some of her rights in order to carry out a peace agreement. The purpose of this study is to enlighten the reader regarding how the concept of nusyuz is based on Sayyid Qutb’s thoughts. Kind of this study is library research, employing normative and sociological approaches. The purpose of this study is to understand Sayyid Qutb's understanding of nusyuz concept. The data in this research is taken from a tafsir book written by Sayyid Qutb entitled Tafsir Fi Zilalil Qur’an, books, and scientific research relevant to nusyuz. Afterward, in analyzing data, the researcher uses the theory formula explained by M. Quraish Shihab about the Qur’an interpreted method. This study explained that nusyuz is an act in which a person (husband or wife) accentuates and elevates by disobeying, and who does not do their obligation as a husband or wife and its solutions depend on his/her position in the household, education, family, and country's condition.