PANDANGAN SYAIKH AN-NAWAWI AL-BANTANI TERHADAP PENYELESAIAN NUSYUZ DALAM KHI

  • Hafidhul Umami STAI Darussalam Nganjukk
  • Syaiful Muda'i STAI Darussalam Nganjuk
Keywords: Nusyuz, Shaykh An-Nawawi, KHI

Abstract

The thought of Shaykh an-Nawawi al-Bantani in the context of today's Indonesian society, that the problem of resolving nusyuz is recognized in Indonesia as stated in the Compilation of Islamic Law (KHI) article 84 paragraphs 1,2,3,4. KHI itself is a comparison of Islamic law, positive law and customary law. Likewise, husband and wife have equal rights and positions in the household and social community as stipulated in the law No.1 of 1974 concerning marriage in articles 30 and 31 paragraphs 1,2 and 3. According to Shaykh An-Nawawi Al-Bantani, it is sunnah for husbands to advise their wives who are nusyuz regarding their rights and obligations as well as to frighten the bad effects of nusyuz which can cause harm to their husbands abort physical and spiritual livelihood. This opinion is relevant to the settlement of the nusyuz case in the KHI is to abort a living for the wife, as regulated in article 80 paragraph 7 which reads: "husband's obligations as referred to in paragraph 5 fall if the wife is nusyuz". Thus, the relevant opinion of Shaykh An-Nawawi Al-Bantani is advising which is done in a gentle way, reminded of the good and bad consequences such as being able to abort a living. Then in the hitting stage, he emphasized to forgive (not hit her) and be patient as Umar RA's patience. This is also relevant to Law No. 23 of 2004, articles 5 and 6, concerning the elimination of domestic violence.

Published
2022-08-29
How to Cite
Umami, H., & Muda’i, S. (2022). PANDANGAN SYAIKH AN-NAWAWI AL-BANTANI TERHADAP PENYELESAIAN NUSYUZ DALAM KHI. Jurnal Pikir : Jurnal Studi Pendidikan Dan Hukum Islam, 8(2), 44-60. Retrieved from https://ejournal.staida-krempyang.ac.id/index.php/pikir/article/view/619