Reconstruction of Nusyūz in the Compilation of Islamic Law from the Perspectives of Qirāʾah Mubādalah and Rawls’s Theory of Justice

Kadarisman, Achmad, Saifullah, Saifullah, Zuhriah, Erfaniah ORCID: https://orcid.org/0000-0002-4490-1287 and Rouf, Abd. (2025) Reconstruction of Nusyūz in the Compilation of Islamic Law from the Perspectives of Qirāʾah Mubādalah and Rawls’s Theory of Justice. Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan, 12 (2). pp. 374-395. ISSN ISSN 2581-0103

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Abstract

The Compilation of Islamic Law in Indonesia gives the impression of marginalizing wives and does not regulate the possibility of nusyūzcommitted by husbands. The existing nusyūznorms in Indonesia still reflect gender dominance, which is contrary to the principles of justice and equality increasingly emphasized in modern society. This research seeks to address the legal gap by reconstructing the nusyūznorms in Articles 80, 84, and 149 of the Compilation of Islamic Law, drawing on the concept of qirā’ah mubādalahand John Rawls’s theory of justice. This study employs legal research using legislative, historical, conceptual, case, and comparative approaches, with qualitative methods for analyzing legal materials. The findings reveal that the current nusyūznorms in the Compilation of Islamic Law still contain patriarchal bias and fail to fully realize the principle of relational justice. From the perspective of qirāʾah mubādalah, both husbands and wives have the potential to commit nusyūz, thus requiring fair legal treatment. The reconstruction of these norms should affirm the importance of reciprocity (mubādalah) in marital relationships, in which husbands and wives are not positioned hierarchically but as equal partners who fairly fulfill each other’s rights and obligations. Meanwhile, Rawls’s theory of justice suggests that legal norms should be drafted without gender bias, ensuring justice for all parties, particularly those in vulnerable positions. Therefore, the reconstructed nusyūz norms must recognize the mutual rights and obligations of both husband and wife in a fair and equal manner.

Item Type:	Journal Article
Keywords:	Compilation of Islamic Law Qirāʾah Mubādalah Rawls’s Theory of Justice Nusyūz
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law
Divisions:	Faculty of Sharia and Law > Department of Islamic Constitutional Law
Depositing User:	saifullah saifullah
Date Deposited:	03 Dec 2025 09:11

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