Socius: Social Sciences Research Journal
Vol 3, No 12 (2026): July 2026

Bias Gender Terhadap Posisi Suami dalam Kasus Nusyuz Perselingkuhan Istri di Peradilan Agama

Arwinni Eka Putri Ahmad (Universitas Islam Negeri Alauddin Makassar)
Kurniati K (Universitas Islam Negeri Alauddin Makassar)
Zulhas’ari Mustafa (Universitas Islam Negeri Alauddin Makassar)



Article Info

Publish Date
19 Jun 2026

Abstract

This study examines gender bias in the husband's position in cases of nusyuz (conviction of a wife's infidelity) in the Religious Courts. Gender studies in Islamic family law have focused more on protecting women, leaving the husband's position as the injured party in a wife's infidelity rarely explored. The research gap lies in the limited analysis of the unequal considerations of judges regarding husbands' rights in nusyuz cases. The novelty of this study lies in its attempt to present a balanced perspective on gender justice in assessing the positions of husbands and wives based on their respective actions in domestic matters. This study aims to analyze forms of gender bias in Religious Court decisions regarding nusyuz (conviction of a wife's infidelity). The method used is normative legal research with a case-based and conceptual approach through a study of court decisions and Islamic legal literature. The research hypothesis indicates a tendency for decisions to be more oriented toward protecting the wife without proportionally considering the husband's losses. The results confirm that the principle of justice in Islamic law is reciprocal and must be applied proportionally without gender bias that disadvantages either party.

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Journal Info

Abbrev

Socius

Publisher

Subject

Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media

Description

Socius: Jurnal Penelitian Ilmu-ilmu Sosial is a multi and interdisciplinary peer-reviewed academic research journal serving the broad social sciences community. The journal welcomes excellent contributions that advance our understanding on a broad range of topics including anthropology, sociology, ...