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All Journal Al Fuadiy: Jurnal Hukum Keluarga Islam Tadhkirah: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Hapizul Ahdi
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Pseudo-Patriarki dalam Kitab Uqūd al-Lujjayn: Analisis Kritis atas Tuduhan Bias Gender terhadap Syekh Nawawi al-Bantani Azis Faturokhman; Hikmatullah Hikmatullah; Hapizul Ahdi
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 2 No. 4 (2025): Desember: TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v2i4.386

Abstract

The book Uqūd al-Lujjayn fī Bayān Ḥuqūq az-Zaujayn by Sheikh Nawawi al-Bantani is one of the classical texts that is very popular among Islamic boarding schools and the Muslim community of the archipelago. However, in contemporary discourse, this book is often the target of criticism from Muslim feminists who accuse it of being full of gender bias and patriarchal. This criticism arises because of discussions about the wife's obligation to obey her husband, the prohibition of leaving the house without permission, and the husband's permissibility to reprimand his wife who is considered nusyūz. This paper attempts to conduct a philological and hermeneutic analysis of the text Uqūd al-Lujjayn by reviewing the historical, methodological, and fiqh reference sources of Sheikh Nawawi al-Bantani. This study found that the patriarchal character in the book is pseudo (pseudo), not ideological. Sheikh Nawawi actually wrote this book within the tradition of Islamic jurisprudence (fiqh akhlaqiyyah), not as a legitimation of male power over women. Through a philological approach, it was found that the text's structure and selection of hadith in this book aimed to educate household morals, not to reinforce the patriarchal system. Therefore, accusations of gender bias against Sheikh Nawawi require methodological reexamination to avoid falling into ahistorical ideological readings.
Pengaruh Perceraian pada Pasangan yang Menikah karena Kehamilan di Luar Nikah Menurut Hukum Islam Olis Wulandari; Alvin Nurrizky Ahmad; Ahmad Adam Baihaqi Bahren; Sunengsih; Fatih Musthofa; Thoriq Jiyadi; Hapizul Ahdi
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2026): January-June, Al Fuadiy : Journal of Islamic Family Law (in Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v8i1.1835

Abstract

Divorce among couples who marry due to pregnancy outside of marriage presents complex legal and social challenges within the framework of Islamic family law. Such marriages are often conducted under social pressure and limited preparedness, increasing vulnerability to marital breakdown. This article examines the legal position of marriage involving pregnant women outside wedlock, the factors contributing to divorce in such unions, and the legal consequences for spouses and children from the perspective of Islamic law and positive law in Indonesia. Employing a normative juridical method with a descriptive-analytical approach, the discussion is based on statutory regulations, classical fiqh doctrines, the Compilation of Islamic Law, and relevant scholarly literature. The analysis indicates that external pressures, weak mental readiness, and unfavorable social environments are dominant factors leading to divorce in these marriages. Islamic law permits marriage with a pregnant woman under specific conditions and emphasizes the protection of children’s rights as a moral and legal obligation. Nevertheless, the status of lineage and civil rights of children born outside lawful marriage remains limited to the maternal line unless supported by legal proof. The findings highlight that Islamic law seeks to balance legal certainty, moral responsibility, and child protection, ensuring that divorce does not eliminate parental obligations toward the welfare of children.
Co-Authors Ahmad Adam Baihaqi Bahren Alvin Nurrizky Ahmad Azis Faturokhman Fatih Musthofa Hikmatullah Hikmatullah Olis Wulandari Sunengsih Thoriq Jiyadi