Nusyuz dalam Kitab Fathul Qarib: Analisis Perspektif Mubadalah

Abstract

This study is motivated by the classical understanding of nusyuz in the Fathul Qarib text, which tends to place the wife as the guilty party, resulting in the loss of her right to maintenance and the husband’s obligations. In fact, social realities in Indonesian Religious Courts show that divorce is often caused by nusyuz committed by husbands, such as neglecting financial support, committing violence, or abandoning the family. The aim of this research is to revitalize the concept of nusyuz through the mubadalah perspective, which emphasizes reciprocity, justice, and partnership in marital relations. The method used is library research with a normative-analytical approach, employing primary sources such as Fathul Qarib and Qira’ah Mubadalah, along with Islamic family law literature. The findings reveal that nusyuz should be understood as behavior that can be committed by both husband and wife, not only the wife, so classical interpretations need to be revisited to remain relevant to the context of Islamic family law in Indonesia. This study contributes to the renewal of Islamic family law by offering interpretations that are more just, contextual, and responsive to contemporary social dynamics