Sheikh Nawawi al-Bantani’s Thoughts on The Rights and Obligations of Husband and Wife in His Book Entitled Uqūd al-Lujain fī Bayāni Huqūq al-Zaujain

Sadat Ardiansyah: 191105020016. 2023. Rights and Obligations of Husband and Wife in Creating Domestic Harmony According to Ulama Syafi'iyah (Case Study in Sumurbatu Village, Cibarengkok District. Babakan Madang District, Bogor) In a household, husband and wife have rights and obligations that must be fulfilled, because rights and obligations are an effort to create a harmonious, peaceful and peaceful household. The rights and obligations of husband and wife in the household are very important things to know, this is so that a balance is created in household life and will become a family that is sakinah, mawaddah, warahmah.The formulation of the problem in this study is: 1. What are the views of the Syafi'iyah scholars regarding the rights and obligations of husbands and wives. 2 How is the application of the rights and obligations of husband and wife in realizing household harmony in the village of Sumbatu and their suitability according to the view of the Syafi'iyah scholar (Imam Nawawi)The purpose of this study was to determine the rights and obligations of husband and wife in the household according to Syafi'iyah scholars and to find out how the rights and obligations of husband and wife are implemented in realizing household harmony in Cibarengkok village, Babakan Madang sub-district. The research method used in this writing is case study research using qualitative methods.The results of this study concluded that the rights and obligations of husband and wife cannot be separated because both of them must be balanced between rights and obligations such as the rights and obligations of a husband to his wife: to provide a living both physically and spiritually , provide education to his wife and so on, and the rights and obligations of a wife to her husband include: obedience, living in one house with her husband, not having a gloomy face and so on.Keywords : Rights and Obligations of Husband and Wife and Harmony

Marriage in Islam regulates the rights and obligations of husband and wife, which are important for the creation of harmony in the household. However, the implementation of these rights and obligations is often influenced by various social, cultural and economic factors, which can have both positive and negative impacts on the husband-wife relationship. This study aims to analyze the rights and obligations of husband and wife from the perspective of the Qur'an and hadith, and identify the social factors that influence their implementation in society. The main research questions are how religious teachings on the rights and obligations of husband and wife are translated into social practices, and what social impacts arise from their application in daily life. This study uses the Library Research method with a qualitative approach, analyzing the texts of the Qur'an, hadith, tafsir, as well as related literature, by connecting the theories of sociology of religion and social justice. The findings of this study indicate that a balanced and fair application of rights and obligations can strengthen the husband-wife relationship and create family harmony. However, an imbalance in the fulfillment of rights and obligations can lead to conflict, inequality and even domestic violence, affecting the overall quality of family life. Thus, this study emphasizes the importance of understanding the social and cultural context in the application of religious teachings to achieve a harmonious and just household.


 
 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.

Household life cannot be separated between husband and wife who have rights and obligations to each other in fulfilling them, so this must be fulfilled. The purpose of this study is to determine the extent of the application of the rights and obligations of husband and wife who work as factory workers in Semarang according to social construction theory. This research method is qualitative. This type of research is empirical, with a sociological approach, and the nature of the research is descriptive analytical. The data sources of this research include primary data obtained from observations and several interviews with people in the Semarang area. The result of this study is that with the social construction theory by Peter L. Berger, we can understand that the rights and obligations of husband and wife of factory workers in Semarang are the result of a social process involving externalization, objectivation, and internalization. Although there are challenges in terms of gender inequality and double burden, increased awareness and policy changes can help steer towards a more just and equal division of roles. Communities in the Semarang area have undergone a social construction process in which the environment is the main factor in changing the order in the family, especially in fulfilling the rights and obligations between husband and wife, but with these changes inseparable from the urgent conditions and utilizing existing potential in order to strengthen the family economy so as to make a strong household. Kehidupan rumah tangga tidak dapat dipisahkan antara suami dan istri yang memiliki hak dan kewajiban satu sama lain dalam memenuhinya, sehingga hal ini harus dipenuhi. Tujuan dari penelitian ini adalah untuk mengetahui sejauh mana penerapan hak dan kewajiban suami istri yang bekerja sebagai buruh pabrik di Semarang menurut teori kontruksi sosial. Metode penelitian ini adalah kualitatif. Jenis penelitian ini adalah empiris, dengan pendekatan sosiologis, dan sifat penelitiannya adalah deskriptif analitis. Sumber data dari penelitian ini meliputi data primer yang diperoleh dari hasil observasi dan beberapa wawancara dengan masyarakat di wilayah Semarang. Hasil dari penelitian ini bahwa dengan teori konstruksi sosial oleh Peter L. Berger, kita dapat memahami bahwa hak dan kewajiban suami istri buruh pabrik di Semarang adalah hasil dari proses sosial yang melibatkan eksternalisasi, objektivasi, dan internalisasi. Meskipun ada tantangan dalam hal ketidakadilan gender dan beban ganda, kesadaran yang meningkat dan perubahan kebijakan dapat membantu mengarahkan menuju pembagian peran yang lebih adil dan setara. Masyarakat yang ada di daerah Semarang telah menjalani proses kontruksi sosial yang mana lingkungan menjadi faktor utama dengan adanya perubahan tatanan dalam keluarga khususnya dalam pemenuhan hak dan kewajiban antara suami dengan istri, namun dengan adanya perubahan tersebut tidak terlepas dari adanya kondisi terdesak serta memanfaatkan potensi yang ada guna untuk memperkokoh perekonomian keluarga sehingga menjadikan rumah tangga yang kokoh.

In the era of globalization and modernization, women earn a living, it has become a natural thing, as evidenced by the large number of working women. This is a change of role in society, especially in household life. Especially in economic problems, due to demands in fulfilling family needs where husbands can no longer meet the needs of their families because they are unable to earn more money or because of difficult circumstances in finding work, forced women to work to help their husbands to fulfill the economy in the family. The theory used in this study is the theory of gender equality. The research method used in this study is a qualitative method with an empirical juridical approach. The results of the study show that the role of women breadwinners can increase the economy of their families. Prosperity in the family goes well, because on average the breadwinner women are in prosperous families. So it can be seen that working women do not run all their household affairs well. breadwinner women can handle everything well without being neglected. The conclusion of this study is that Islam has regulated the rights and obligations of husband and wife so that the wheel of life in a household goes well in line with Islamic values. However, the times have changed the position of women with conditions that force women to play a dual role apart from being housewives, as well as being breadwinners in helping their husbands to achieve prosperity in married life.

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.

Abstract: In households, harmony is not only built on trust but is also strongly influenced by the balance of rights and obligations between the two parties (husband and wife). Inequality in the fulfillment of the rights and obligations of husband and wife is a contributing factor to household conflicts that may lead to divorce. This research aims to analyze and understand the rights and obligations of husband and wife in the marital relationship from the perspective of KH. Basthami Tibyan's. This study employs a descriptive qualitative field method, involving direct fieldwork to gather data. The data collection techniques used are observation, interviews, and documentation. The results of the research, based on the views of KH. Muhammad Basthami Tibyan, the rights of the wife which are the obligations of a husband include the provision of a dowry, physical and mental sustenance from halal sources, decent housing, and religious guidance and education. If the husband is unable to teach this to his wife, then he is obliged to allow his wife to learn religion from a trusted source, especially in matters relating to women. As for the rights of the husband, which are the obligations of a wife, they include being kind and obedient to the husband, protecting the husband's honor and property, educating the children properly, not leaving the house without the husband's permission, being gentle, not reproaching the husband or family, adorning herself for the husband, providing peace when the husband has a problem, and obeying the husband's orders without arguing.

Purpose – This research aims to identify the manifestation of gender injustice in the Compilation of Islamic Law, especially in the chapter on the rights and obligations of husband and wife.
 Methods – The research method used is library research with qualitative analysis.
 Findings – The analysis shows that Article 79 Paragraph 1 creates stereotypical gender roles by reinforcing the traditional roles of husband and wife. On the other hand, Article 79 Clause 2, and Clause 3 reflect the principles of gender equality and justice in legal rights. The husband's duties, as set out in Article 80, involve a guiding role and financial responsibility, with the issue of discrimination in women's education in Article 80 Clause 3. The wife's duties, as outlined in Article 83, create the potential for gender injustice through psychological pressure, with Article 83 Paragraph 2 indicating a double burden in managing household affairs. Finally, Article 84 Paragraph 1 highlights the potential for gender injustice in judging the wife as nusyuz (defiant), creating inequality in response to acts of defiance from both parties.
 Research implications – In the Compilation of Islamic Law, marriage aims to achieve a household life that is sakinah, mawaddah, and rahmah (peaceful, loving, and affectionate). To achieve this goal, married couples must commit to fulfilling their rights and obligations according to their respective abilities.
 Originality/value – This research is important to identify and explain the differences in status between husbands and wives, opening up space for reflection and a better understanding of aspects of gender equality in the context of Islamic marriage.

This study discusses the rights and position of the husband against his wife in the practice of semenda-marriage which is still in going today. This issue is discussed under the marriage law. Because this research is classified as qualitative research, the method used is normative juridical with descriptive analytical research. The analysis used in this research is critical discourse analysis. From the results of the study conducted, it was found that based on the theory of the rights and obligations of husband and wife in the family, that semenda-marriage are not in accordance with Indonesian marriage laws, because they position the wife as more powerful and superior to the husband. The rights and obligations of husband and wife have been explained in the marriage law, that what is the husband's obligation is the wife's right and what is the wife's obligation is the husband's right, and this is a concept of equality and complementarity. Apart from that, in the household life of indigenous peoples, regulations related to property rights are regulated. The husband's property rights in a semenda-marriages in ASEAN countries are that the husband has ownership rights to the assets of the wife. After the marriage takes place, there is a special event in handing over assets from the wife's family to the husband and wife, so that the assets from the wife's family become the property and responsibility of the husband and wife to manage and take care of the assets that existed at that time.

This study analyzes the impact of online gambling on household harmony. There are married couples in Pematang Tahalo Village, Jabung District, East Lampung Regency who fulfill their family's livelihood from gambling on line. This then has a bad impact on the harmony of their household life. The focus of this research is: how is the Maqasid Shari'ah review of the impact of online gambling on household harmony in Pematang Tahalo village? This research is a field research related to the impact of online gambling on household harmony. The primary data of this research are the results of observations and interviews related to the impact of online gambling on household harmony. Then analyzed using Maqasid Shari'ah theory to draw conclusions. The conclusion of this research is: From the perspective of Maqasid Sharia, the practice of online gambling in Pematang Tahalo Village, Jabung District, East Lampung Regency, brings harm to household harmony. As a result, it has an impact on debt bondage, loss of rights and obligations of husband and wife, a bad family economy, a marriage status that ultimately hangs, and ends in a disharmonious household.

This paper aims to see how far BP4 Pariaman City has a role in strengthening human psycho-social in the field of social welfare; services for alumni of post-marriage couples need to be followed up with a balanced program. The lack of psycho-social understanding of pre-marital post-marriage course graduates will have great potential to add to the long line of early marriage ages in Pariaman City. The fundamental problem that is most troubling is their ignorance of the responsibilities, rights and obligations of husband and wife in the household. To overcome this solution, the service team identified the problem of spaciousness. It mapped the problem to be treated (treatment) for the subject of service through two stages: family psychology guidance and Islamic family counseling. The first stage is pre-activity in the form of a Focus Discussion Group (FGD) presenting lecturers as participants to provide input for the mentoring action plan to be carried out. The second stage is action activities, including psychological skill assistance in family psychology and group counseling. This activity has generally received appreciation from stakeholders (BP4 Pariaman City management, pre-marital course alumni) because this program has offered various alternatives for their self-development in elaborating their knowledge to be applied in household life. The results of the reflection and evaluation of the program offered by the service conclude that they understand that a sakinah mawaddah wa rahmah household life is not achieved by material wealth but by the ability to accept oneself and have a correct understanding of an Islamic household. They understand that household problems cannot be measured only by logic. However, it includes religious and spiritual matters the human mind cannot reach. Therefore, they understand that household responsibilities are worldly matters and matters of the afterlife, which are related to God.

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.

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.

Domestic abuse with husbands as the offenders and wives as the victims shows that there is an imbalance of rights and obligations in living a married life, despite the rights and obligations of husband and wife are strictly regulated in Law Number 1 of 1974 concerning Marriage. As the offender of domestic abuse, a husband cannot escape from criminal sanctions that have been determined in Law Number 23 of 2004 concerning the Elimination of Domestic abuse. In response to domestic abuse, the author argued, using feminist research and a qualitative methodology, that women (wives) who killed their partners were also victims. Therefore, they shouldn't be imprisoned. This article discusses the public perspective of women who have homicidal as a response to domestic abuse by looking at the motivations behind their actions, rehabilitation tactics, forgiveness policies and protection programs for these women. After careful consideration, the author concludes that the Indonesian government should enact legislation to regulate alternative intervention programs for victims of domestic abuse who have killed their abusers.