Challenging patriarchal readings of nusyuz: A Maqāṣid al-Sharī ‘ah approach to strengthening women’s legal safeguards

Wati, Rahmatul Lidia, Rizkyta, Danisha Nashwa, Nadhifa, Azkiya Wafiq and Fadhilah, Nur ORCID: https://orcid.org/0000-0002-3862-7103 (2026) Challenging patriarchal readings of nusyuz: A Maqāṣid al-Sharī ‘ah approach to strengthening women’s legal safeguards. Martabat: Jurnal Perempuan dan Anak, 9 (2). pp. 120-135. ISSN 2581-0472

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Abstract

This study examines the reconstruction of nusyuz through the framework of maqāṣid al-sharī‘ah in response to domestic violence against women in Indonesia. The research addresses three questions: how nusyuz is defined in classical fiqh and Indonesian statutory law, which Islamic legal principles support women’s right to safety and resistance to harm, and how maqāṣid al-sharī‘ah can be operationalized to produce a more just interpretation. Employing a normative legal research method, the study is based on qualitative library research. Data were obtained from primary legal sources, including classical fiqh texts, Qur’anic exegesis of QS 4:34, and Indonesian family law regulations—particularly the Kompilasi Hukum Islam—as well as secondary sources such as peer-reviewed journal articles on domestic violence, gender justice, and Islamic legal reform. The analysis was conducted through three stages: doctrinal analysis to map prevailing definitions of nusyuz; contextual-hermeneutical analysis to relate these doctrines to Indonesian socio-legal realities and judicial practices; and maqāṣid-based evaluation using ḥifẓ al-nafs, protection of dignity, and the principle of dar’ al-mafāsid as analytical benchmarks. The findings show that classical and statutory constructions of nusyuz are often shaped by patriarchal assumptions and inadequately distinguish disobedience from self-protection. This study concludes that acts undertaken by wives to protect themselves from harm cannot be classified as nusyuz, and that marital obligations must be understood as reciprocal. By operationalizing maqāṣid al-sharī‘ah as an analytical tool, this research offers a context-sensitive and doctrinally grounded framework for strengthening women’s legal safeguards in Islamic family law.

Item Type:	Journal Article
Keywords:	nusyuz; domestic violence; Islamic family law; maqāṣid al-sharīʿah; gender justice
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012811 Nusyuz, Syiqaq & Kekerasan Dalam Rumah Tangga (Marriage Violence)
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Nur Fadhilah
Date Deposited:	07 Apr 2026 15:50

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