Ahdiyatul Hidayah
STAI Rasyidiyah Khalidiyah Amuntai, South Kalimantan, Indonesia

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Analysis of the right of reconciliation for wives from the perspective of gender justice and Islamic law in Indonesia 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

In reconciliation practices, wives’ consent is often neglected and interpreted differently across Islamic schools, while gender justice emphasizes equality in marriage. The husband’s unilateral right to reclaim his wife after talaq raj‘i reflects persistent male dominance within marital relations. This study analyzes wives’ reconciliation rights from gender justice and Islamic law in Indonesia, identifying transformation of Islamic family law, Compilation of Islamic Law (KHI) reconstruction, shift from male authority to participatory relational justice. This study employed a qualitative normative-juridical approach using library research. Primary and secondary data sources were analyzed through content analysis and comparative analysis between classical fiqh perspectives, the KHI, and gender justice perspectives. This study finds: (1) Islamic family law transforms toward gender justice via women’s rights, husbands’ ethical duties, khulu’, and equal marital relations; (2) KHI reconstructs reconciliation by requiring wife’s consent, reinforcing her dignity, autonomy, and gender justice; (3) comparing classical law with gender perspectives shows a shift from absolute male authority to participatory reconciliation and relational justice. This study found a transformation of Islamic family law toward gender justice, the reconstruction of the KHI through the requirement of the wife’s consent, and a shift from absolute male authority toward participatory and relational reconciliation. This study contributes to integrating gender justice and maqāṣid al-syarī‘ah within Islamic law, while also encouraging the strengthening of KHI implementation, judicial training, and the inclusion of wife consent clauses in marriage contracts.
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.