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All Journal An-Nisa’ Journal of Gender Studies
Ahdiyatul Hidayah
STAI Rasyidiyah Khalidiyah Amuntai, South Kalimantan, Indonesia
Religion Social Sciences

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The wife’s position in Rujuk: Gender justice, Islamic jurisprudence, and Indonesia’s compilation of Islamic Law Ahdiyatul Hidayah
An-Nisa' Journal of Gender Studies Vol. 18 No. 1 (2025): An-Nisa' Journal of Gender Studies
Publisher : Institute for Research and Community Service, Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/annisa.v18i1.302

Abstract

Following a revocable divorce (ṭalāq rajʿī), the husband’s authority to effect rujuk raises questions about the wife’s consent, the certainty of marital status, and the possibility of a fair reconciliation during the waiting period (iddah). This study examines the wife’s position in rujuk under Islamic law and in relation to gender justice in Indonesia. It adopts a qualitative normative legal approach based on library research. Written sources were examined through content analysis, Braun and Clarke’s six phases of thematic analysis, and a comparison of Islamic jurisprudence, Indonesia’s Compilation of Islamic Law (KHI), and Amina Wadud’s gender justice framework. The study yields three findings. First, rujuk during iddah offers an opportunity for islāh (repairing the relationship). In the classical jurisprudence examined, the husband primarily holds the authority to declare rujuk, although views differ on how it is declared and the role of witnesses. Second, Wadud’s framework distinguishes equal human dignity from identical legal entitlements, directing attention to the husband’s responsibilities and the wife’s wishes and interests. Third, the KHI provides the former wife with a right to object and regulates consent and registration in the rujuk procedure. The study concludes that the legal opportunity to resume a marriage does not, by itself, establish that reconciliation has occurred. Its contribution is to distinguish the legal validity, evidentiary certainty, and relational fairness of rujuk, while informing clearer procedures for objection, consent, and registration.
Muhammad Abu Zahrah’s legal istinbāṭ on ilḥāq-based nasab establishment for children born of zinā Ahmad Syaifuddin Al Rosyid; Ahdiyatul Hidayah
An-Nisa' Journal of Gender Studies Vol. 16 No. 1 (2023): An-Nisa' Journal of Gender Studies
Publisher : Institute for Research and Community Service, Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/annisa.v16i1.168

Abstract

The determination of nasab for children born of zinā through ilḥāq remains a contested issue in Islamic family law. Divergent interpretations of scriptural texts have led Muslim jurists to differ on the validity of paternal acknowledgment and its legal consequences. This study aims to analyze juristic opinions on the establishment of nasab for children born of zinā through ilḥāq, examine Muhammad Abu Zahrah’s position, and explain the legal evidence and methods of istinbāṭ underlying his view. This qualitative library-based study focuses on Abu Zahrah’s legal thought, with data analyzed through thematic analysis and validated through source triangulation and referential adequacy. The findings reveal three main points. First, juristic disagreement indicates that ilḥāq in cases of children born of zinā remains within the domain of ijtihād: some scholars permit it to protect the child’s legal and social interests, whereas others reject paternal attribution because zinā does not constitute a valid basis for establishing nasab. Second, Abu Zahrah permits ilḥāq through acknowledgment by the biological father under specified conditions, particularly where zinā is not explicitly acknowledged, thereby allowing recognition of nasab and establishing maintenance as a consequence of kinship. Third, Abu Zahrah’s istinbāṭ integrates bayānī, taʿlīlī, and istiṣlāḥī reasoning, drawing on the ḥadīth al-firāsh, Qur’anic indications concerning the six-month minimum gestational period, and considerations of the child’s interests. The study concludes that Abu Zahrah’s approach represents an ijtihādī framework that reconciles the legal integrity of nasab with child protection and legal certainty through an integrative maqāṣid al-sharīʿah-oriented approach.
Co-Authors Ahmad Syaifuddin Al Rosyid