HAK-HAK DAN KEWAJIBAN SUAMI ISTRI DALAM PERSPEKTIF KH. MUHAMMAD BASTHAMI TIBYAN

The rights and obligations of husband and wife according the book of ‘Uqudullujain is not some different from the books of fiqh for women. It's just that the book of ‘Uqudullujjain the description of the obligations of the wife is more, with the reason that the wife is like a prisoner for her husband. Whereas the rights and obligations of a wife who have a career according to the book ‘Uqudullujain and the book of fiqh for women are the same as the rights and obligations of the wife normally. But according to the book of ‘Uqudullujain the rights of the wife can be hindered if the wife works without the permission of the husband. Whereas according to the book of Jurisprudence Women are not hindered because the husband's permission is not required, only the work must be in accordance with the feminine nature of women and permitted by the Shari'ah.

Marriage is a legal place to foster a peaceful, harmonious and loving household (Sakīnah mawaddah wa rahmah). In marriage, the fulfillment of the rights and obligations of husband and wife is the main means for achieving domestic happiness. In the Islamic perspective, the husband is the head of the household and the wife is the housewife. However, in modern times, along with the emergence of feminists, the concept of the rights and obligations of husband/wife are thus re-interpreted and reconstructed on the grounds that many wives are no longer serving as housewives but also help husbands in earning a living. As a result, the aspect of equality is more prioritized than the concept of mu'āsyarah bil ma'rūf (harmonious relationship). This article examines the views of Muslim feminists about the role of husband/wife in a household, while comparing them with concepts that exist in Islamic teachings. In conclusion, the Islamic concept of the rights and obligations of wife and husband, if it is carried out consistently, will actually bring more benefit and permanence in the household than the feminist’s which is only based on the equality argument.

This study aims to describe indicators of the formation of a sakinah family according to K.H. Hasyim Asy'ari and its relevance to the Compilation of Islamic Law (KHI). This qualitative research in the form of literature study uses philosophical normative. The main data source, namely the book Dhau' al-Mishbah fi Bayani Ahkam an-Nikah by K.H. Hasyim Asy'ari. Several articles in the KHI as the theory of analysis of this research. The results of the study show that there is a relevance between indicators for the formation of a sakinah family according to K.H. Hasyim Asy'ari with the construction of legal provisions in the Kompilasi Huukum Islam (KHI). First, the indicators of complying with the legal principles, requirements, and pillars of marriage that are relevant to KHI articles 4, 16, 20, and 27. It's just that the view of K.H. Hasyim in this first indicator tends to be textual. In contrast to KHI which is more contextual. Second, the recommendation indicator in choosing a life partner that is relevant to KHI Articles Articles 15, 16, 17, and 61. In this case, the criteria for the recommendation to choose a partner by K.H. Hasyim is more detailed covering various aspects, including religion, physical, lineage, economy, psychological and social status. Third, the indicator understands the principles of the purpose and benefits of marriage that are relevant to Articles 2 and 3. Third, the indicator is to build a good partnership in carrying out the rights and obligations of husband and wife that are relevant to the KHI Article 80. However, regarding the duties or obligations of the wife, K.H. Hasyim is more detailed than KHI. The theoretical implications of this research show indicators of the formation of a sakinah family in the view of K.H. Hasyim Asy'ari has relevance as well as can be the basis for formulas in the development and renewal of Islamic marriage law in Indonesia. The limitation of this research is that it has not studied in depth the heurmenetic aspects of the construction of the views of K.H. Hasyim is related to four indicators of the formation of a sakinah family.

Married Muslim women have different characteristics, especially with non-Muslim women. Muslim women who are married, no longer have freedom over themselves according to the Shari'a, especially in matters of earning a living. Because Islam has regulated, that all responsibility for the affairs of the world and the hereafter in the household is on the shoulders of the husband. However, as the situation develops, not all households have complete power in their husbands, so it is not uncommon for some Muslim wives to take the initiative to help ease the burden on their husbands. This situation has also been addressed in Islam, where Muslim wives are allowed to work outside the home with several things, including getting their husband's permission, not mixing with men who are not married, and so on. This research was conducted to obtain actual information about the permission of Muslim women (married) to work outside the home. To answer the research objectives, a qualitative method is used, which is a scientific method that reveals a phenomenon naturally. The research was conducted in the Kranggan area, Central Java, and the research informants were married career women. Research data were collected by means of direct interviews and discussions. The results showed that career Muslim women in the Kranggan area had obtained permission from their husbands to be able to work. As for the reason for working, in general it is to help ease the burden on the husband. There is even a perception that the household is the obligation of husband and wife, so that the wife has the same obligation to help her husband. However, Muslim wives still pay attention to the rules of Religion, about what is allowed and not allowed at work.

Understanding the rights and obligations of husband and wife and carrying them out in a balanced manner is the main pillar for creating a family that is sakīnah mawaddah wa rahmah (peaceful, harmonious, and prosperous). Unfortunately, these rights and obligations are often ignored, resulting in various problems in the household. This research aims to find out the views of Sheikh Nawawi al-Bantani regarding the rights and obligations of husband and wife as written in his book 'Uqūd al-Lujain fī Bayāni Huqūq al-Zaujain. Apart from that, this research also tries to draw out the relevance of this view to changes in the attitudes of women members of the Da'arul Asy-ariyah taklim assembly towards their husbands in their daily household life. This research uses qualitative methods with a socio-empirical approach. The results of this research show that the study material of the 'Uqud al-Lujain book, which contains the rights and obligations of husbands and wives, has a positive influence on the mothers who are members of the study, which is marked by changes in the attitudes and behavior of wives towards their husbands from previously being disrespectful, disobedient and lacking respect for their husbands to being wives who are obedient, respectful and appreciative of their husbands. This positive attitude then makes household life more harmonious, serene, and peaceful so that a sakīnah mawaddah wa rahmah family atmosphere can be created.

This study reveals the urgency of adjusting the rights and obligations of husband and wife to the local culture by using the principle of impartiality and obligation as a barometer of adjustment. The problem studied is the nature of rights and obligations in Islamic law discourse; local cultural relations with the rights and obligations of husband and wife in sharia texts; and the pattern of application of the principle of impartiality and the obligations of husband and wife. The data collection technique used is a literature study. The data were analyzed using lughawiyyah and istislahiyyah theories. This study concludes that the rights and obligations of husband and wife are not something rigid, but something flexible that can be adapted to local culture while maintaining the principle of equality and the obligations of husband and wife.

<p><em>In common tradition, m</em><em>aking a living is a husband's obligation, but now many wives play a role in earning a living. The aim of the study was to find out the law of the wife looking for a nafka, viewed the condition and ability of the husband to provide a living, in the review of Maqashid Shari'a proposed by Syatibi. The influence of science and technology and the increase in household needs triggers many wives to take part in making a living, and become the main breadwinner. This certainly raises the question, how does the view of Islamic law on wives earn a living in library research, using the normative qualitative method of gender analysis approach is content analysis. Islamic law explains that a wife cannot leave her house without her husband's permission and her main task is at home. This certainly raises the question, how does the view of Islamic law on wives earn a living. The results of the study explain that wife's law makes a varied living circumcision, makhruh and haram based on the ability of the husband to provide his wife with the benefit and the level of family needs (maqashid).</em></p><p><em><br /></em></p>


 
 Humans are creatures who have desires or desires within themselves. Marriage is one of the desires and obligations of a human being which is a command from Allah SWT. Marriage has a goal, namely to build a sakinah mawaddah warrahmah family, to make it happen, knowledge and commitment of husband and wife are needed in carrying out their respective rights and obligations. However, in reality there are still many husbands and wives who ignore their rights and obligations and ultimately lead to domestic violence. The purpose of this study is to find out how the impact of neglecting the rights and obligations of husband and wife on domestic violence and to find out the law of neglecting the rights and obligations of husband and wife according to Islamic law and law. This study uses a qualitative method through a descriptive approach. Data collection techniques were obtained from the results of interviews and document studies. The results of this study indicate that the factors and impacts of neglecting the rights and obligations of husband and wife on domestic violence are as follows: 1) Communication factor, lack of communication between husband and wife, causing difficulties in establishing cooperation between the two. 2) Economic factors, lack of a husband's sense of responsibility in terms of providing a living, so that the wife has to earn her own money and does not depend on her husband. 3) Social factors, there are no social boundaries between husband and wife so that the rights and obligations in the household are not fulfilled.
 Keywords: Impact of Neglect, Rights and Obligations, Husband and Wife, Domestic Violence.

In Plajan Village, Pakis Aji District, there are many families of converts due to marriage. Non-Muslim prospective wives convert to Islam so that their marriage is legal and recognized by the state. The impact of marriage is the existence of rights and obligations that must be fulfilled by husband and wife. One of the obligations listed in the Compilation of Islamic Law article 80 paragraph 3 is to regulate the husband's obligation to provide religious education to his wife. This study aims to: (1) find out that converts' families know the rights and obligations listed in the Compilation of Islamic Law, (2) implementation of the husband's obligation to provide religious education, and (3) obstacles that become obstacles for husbands in carrying out the obligation to provide religious education to his wife in Plajan Village, Pakis Aji District. Research on this thesis uses a qualitative descriptive method. This research is a Field Research (field research) with data collection methods through interviews, observation, documentation and literature study, then the research data are analyzed by data reduction. The results of this study indicate that (1) The families of converts do not yet know the rights and obligations listed in the Compilation of Islamic Law, (2) In general, husbands have carried out their obligations in providing Islamic religious education regarding basic knowledge in Islamic religious teachings (3) Among Obstacles to husbands in providing religious education to wives are economic problems, limited knowledge and insight into Islamic teachings.

This paper concerns with how to build a balance of rights and obligations of husband and wife in fulfilling the economic needs of the family, especially in unusual circumstances. The paper aims to give an overall picture of the authority of the husband and wife regarding the domestic and public rights in the family, as well as to deal with the issue on family economy during the Covid-19 pandemic. The study of this paper used the explorative-qualitative research methods, with data obtained by disseminating questionnaires and studying documents related to the responsibilities carried out by the husband and wife. An initial investigation was conducted by taking into account the provisions stipulated in the formal legality of positive law. The data were then analyzed by utilizing a descriptive phenomenological approach through the interpretation of the data obtained from observation, interview, documentation, and literature review. The findings of this study indicate that men and women have equal rights. The concept of nature show that there is normative justification between husband and wife, stating that the domestic responsibilities are closely related to the shared rights and obligations that are balanced within the family and society, and that both husband and wife have the same rights in taking legal actions. In this new normal era, to strengthen the economically weak family in the community requires joint co-operation between the husband and wife so that they can meet the needs of the family and create a harmonious family.

This research aims to analyze the income position of working wives in Islamic family law in Indonesia. In classical jurisprudence, the husband has the obligation to pay his wife's maintenance, based on the rules of separation of assets in marriage. Meanwhile in Indonesia, maintenance is determined by the husband, with the implementation of joint property. This proof was carried out by examining books related to this study. Qualitative descriptive analysis was carried out after complete data was obtained. The results of this research explain that there is no text that expressly prohibits wives from working and there is no text that explicitly states that wives must work with their husband's permission. In classical jurisprudence, a wife's income from work is the husband's obligation, as is the case in Indonesia. However, it is not in line with the implementation of joint property, so it brings ambiguous legal treatment. The implementation of joint property in marriage has an impact on the implementation of all obligations in the household being carried out jointly, including the obligation to fulfill maintenance.

Husband and wife in the household have their respective duties and roles in creating the goals of marriage, namely sakinah mawaddah and rahmah. However, lately many households have found it difficult to create and realize the goals of the marriage. This happened allegedly due to a lack of knowledge on the part of the wife and husband regarding their roles and duties in the household. One of the Indonesian ulama who has an interesting multidisciplinary scientific capacity to study is Syekh Nawawi Al-Bantani. Where he also concentrated on discussing munakahat fiqh to the point where he wrote the books Uqudul-lujjain and Nihayatu-z-Zain. In this study used a qualitative method with a library research approach. Researchers use descriptive methods to parse, interpret and analyze data. From the results of this study it was found that according to Sheikh Nawawi the rights and obligations of husband and wife are very important to understand in order to know the roles and duties of each in building a happy family of sakinah mawaddah wa rahmah as the goal and vision of marriage. In this division refers to the rights and obligations of husband and wife. On this basis, the husband's role is as a leader or head of the household, breadwinner, educator and teacher for his wife. Meanwhile, the wife's role is as a husband's companion who must obey except in disobedience, household managers, and husband's partners in achieving life goals.

The sakinah and eternity of marriage shows that there is an aspect of humanism in marriage. This means that humanitarian principles must be the spirit in the formation and survival of a household. Regarding the rights and obligations of husband and wife, it is regulated in CHAPTER VI Article 30 to Article 34 of Law Number 1 of 1974 concerning Marriage. This research aims to compare and determine the balance between the rights and obligations of husband and wife in the view of Islamic law and positive law that applies in Asian countries, which are an Indonesia and Malaysia, and Middle Eastern countries, which are in Egypt. This research uses the qualitative research methods which is the library research as the data source. The data collection technique is to collect official data and from relevant literature. The research results and conclusions show that the marriage laws in Indonesia (Law and KHI) and Malaysia in the Sarawak State Islamic Family Law 2001 are the same. Both of them refer to the rules of Islamic law from four schools of thought. However, there are several points that are different. Meanwhile, codification of Family Law in Egypt is a form of development of traditional or classical Islamic family law.

The Living Qur'an Study is a scientific study or research about various social events related to the presence of the Koran or the existence of the Koran in a particular Muslim community. Enliven the Qur'an through a continuous interaction. A living can be interpreted as a husband's obligation to his wife if this maintenance is properly provided for the wife, household needs and children's needs. It is clear that it is said that maintenance is the husband's obligation, then what if the wife is the one who earns a living in the household, and do the people who mostly earn a living are wives understand the meaning of Qs At-Ṭalaq verse 7. The method used is a descriptive qualitative research method. The preparation of this research using the type of field research (field research). Based on research, most wives who make a living in the household come from a lower-middle class economic perspective, while the influencing factors are a lack of knowledge, lack of religious knowledge and lack of awareness.

Marriage preparation course (Kursus Calon Pengantin – Suscatin) is a short course for engaged couples about domestic life. Legal basis for this course is Regulation from General Director of Islamic Community Guidance No DJ.II/491 Year 2009 renewed by No DJ.II/542 Year 2013. Therefore, the course is basically an effort made by the government – BP4 – to provide the couple with skill and psychological provision to overcome marriage problems. Thus, the idea of loving, affection and compassion in marriage may be achieved and at the same time also to realize a harmonious society and to avoid family conflict and divorce. Theoretically, materials of the marriage preparation course by Office of Religious Affairs (KUA) are comprehensive, covering: rules and procedures of marriage; religious knowledge; marriage and family laws and regulations; rights and obligations of husband and wife; female reproduction health; family management; and also psychology of marriage and family. Unfortunately, the practice of the course has become a mere formality.