HARMONIZATION OF ISLAMIC LAW AND HUMAN RIGHTS IN HANDLING NUSYUZ AND ITS CONTEXT FOR HUMAN RIGHTS
DOI:
https://doi.org/10.56874/el-ahli.v7i1.3056Keywords:
Nusyuz, Human Rights, Islamic Law, Maqasid al-Shariah, Marital PartnershipAbstract
The concept of nusyuz originates from classical fiqh constructions and has evolved into a component of family law systems in several Muslim-majority countries. However, its classical formulation has frequently been criticized for potentially perpetuating unequal marital relations by legitimizing the husband's authority without systematically defined limitations. This situation raises concerns regarding the legal protection of wives from a human rights perspective.
This study employs a doctrinal approach by examining legal principles, doctrines, and positive legal constructions concerning the limits of a husband's rights in addressing nusyuz. The analysis is conducted descriptively and critically through inductive and deductive reasoning to assess the potential abuse of authority and its juridical implications.
The findings indicate that classical fiqh in fact contains normative limitations on the husband's actions, including the principles of gradual measures (tadarruj), the prohibition of harm, and the corrective purpose of sanctions. Nevertheless, these limitations have not been systematically formulated within a framework of marital partnership and the protection of human dignity. In the Indonesian context, any action that exceeds the principles of proportionality and non-violence may be classified as a legal violation, including criminal liability. This study affirms that the harmonization of Islamic law and human rights is achievable through reconstructing the limits of the husband's authority based on maqasid al-shariah, partnership principles, and the protection of women's life and dignity.
References
Abduh, RR and M. (1394). Tafsir al-Manar. Dar al-Marifah.
Abdul Munib. (2019). Limits on Husband's Rights in Treating His Wife During Nusyuz and Possible Criminal Sanctions. Voicer Justicia, 3(2), 35. journal.uim.ac.id
Abi Bakr Ahmad ibn Ali Razi Al-Jassas. (1415). Ahkam Al-Quran. Dar al-Kutub al-Alamiyah.
Achmad Warson Munawwir. (nd). Al-Munawwir. Progressive Library.
Andi Hamzah and A. Simanglipu. (1985). The Death Penalty in Indonesia in the Past, Present and Future. Ghalia Indonesia.
Asghar Ali Engineer. (1994). Womens Rights in Islam (Farid Wajidi and Cici Farkha Assegaf (eds.)). Cultural Landscape.
Ayesha S. Chaudhry. (nd). Domestic Violence and the Islamic Tradition, Journal of Islamic Ethics. brill.com/view/journals/jie/jieoverview.xml?srsltid=AfmBOooxVLyARiG3UAllcdHj9vetODAAFGHkYA_TEYqqYwBet4SIZxjd
Bambang Sunggono. (2001). Legal Research Methodology. PT Grafindo Persada.
Eko Andy Saputro. (2023). Reinterpretation of the Nusyuz Verse and Its Implications. Samawa Journal, 07(02), 67. Samawa Journal
Fahruddin ar-Razi. (nd). Tafsir al-Kabir al-Musamma bi Mafatih al-Gaib. Darul Fikri.
Fitri Rafianti. (2023). Nuzyuz and Domestic Violence (Kdrt) from the Perspective of Islamic Law and Criminal Law.jurnal.pancabudi.ac.id
Ibn Manzur. (nd). Oral al-Arabi: Dar Lisan al-Arabi.
Ida Zahara Adibah. (2023). Nusyuz and Household Disharmony. Journal of Inspiration, Vol.1.
Jasser Auda. (2020). Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach.
Mohammad Fadel. (nd). Public Reason as a Strategy for Principled Reconciliation: The Case of Islamic Law and Human Rights. Chicago Journal of International Law. cjil.uchicago.edu/
Muhammad Aly Mahmudi. (2023). Conflict Resolution to Solve Family Problems from an Islamic Family Law Perspective. Al-Faruq Journal of Islamic Economic Law and Islamic Law, Vol. 2 (No. 1). DOI 10.58518/al-faruq.v2i1.2570
Muhammad Jawad Mugniyyah. (1964). Al-Ahwal ash-Shakhsiyyah. Dar al-Ilm Li al-Malayin.
Muhammad Usman al-Khasit. (1994). The Difficulties of Marriage: Efforts to Overcome Them According to the Qur'an and Hadith, Science. GIP.
Muhammad Yusuf Musa. (1956). Ahkam al-Ahwal ash-Shakhsiyyah fi Fiqh al-Islami. Dar al-Kitab al-Arabi.
Rasyid Ridha and Muhammad Abduh. (1898). Tafsir al-Manar. Dar al-Marifah.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2026 EL-AHLI : JURNAL HUKUM KELUARGA ISLAM
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
All articles published in EL-AHLI: Jurnal Hukum Keluarga Islam are licensed under a Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0).
Under this license, authors and readers are free to:
-
Share — copy and redistribute the material in any medium or format.
-
Adapt — remix, transform, and build upon the material for any purpose, even commercially.
Under the following terms:
-
Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner but not in any way that suggests the licensor endorses you or your use.
-
ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
Copyright and Licensing Policy:
-
The author retains copyright and grants the journal the right of first publication with the work simultaneously licensed under the Creative Commons Attribution-ShareAlike 4.0 International License, which allows others to share the work with acknowledgment of the work’s authorship and initial publication in this journal.
-
Authors are allowed to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
Link to License:
https://creativecommons.org/licenses/by-sa/4.0/
