Women, Reconciliation Right and Gender Justice in Islam Family Law

Aswiyanto Aswiyanto

doi:10.28918/jupe.v16i2.2292

Abstract

Religious teachings are considered to have long oppressed women. Teachings having been dominated by men have been used as justifications for the perception of society that is very detrimental to women. This article discusses the gap of understanding on women's rights to reconcile with their husband who have divorced them, viewed from the perspective of Islamic scholars and Islamic law. In this case, the Qur'an has the principle that the positions of men and women are equal as a servant, because men and women are created from the same substance (min nafsin waahidah), the same task (khalifatullah filardh), and have same obligations (liya'budun). However, Muslim scholars agree that the reconciliation is absolutely the husband’s right. In gender perspective, women can apply for reconciliation (Rujuk) as their rights to their husbands. This study conducts analysis using a content analysis approach related to the issue of reconciliation rights dominated by men (husbands) by means of redeeming the husband's rights that have been given to them. And in the presence of khulu, the wife also has the right of reconciliation (Rujuk) to the husband who has divorced her.

Highlights

The concept of gender is closely related to Islamic law applied to human interest and aiming at universal humanity, including kemaslahatan, justice, God’s mercy, and prudence
Viewed from its existence aspect, it means that the absolute value carried by this verse should be adjusted with time. If this law is implemented, wives can file a guarantee condition to their husband that the reconciliation (Rujuk) is intended to be islah, or if this islah indication is not found by the wives in the husbands who want to reconcile with, wives can decline reconciliation, recalling what is suggested by Murteza Mutahhari that it can be institutionalized and is mandatory to the husbands (Wallahu A’lam bi al-Shawab)
Qur’an has a principle that the positions of men and women are equal as the creature, because women and men are created from the same substance, same duty, and same obligation

Summary

INTRODUCTION

A marriage performed by a couple of human beings is intended to make their living and life happy and them together forever. Before the marriage is held, it is recommended to make an approach first, aiming to investigate and to appraise their partner, in the term of personality and etc They will wade in their household life later without regret and expectedly with peace and tranquility until the end of life. In the term of reconciliation (Rujuk), a wife has no right at all to refuse or to be asked for consideration Another ulama’s opinion explains that a husband may not harm his wife, when she wants to reconcile. As suggested by scholars of fiqh (fuqaha), former husband is entitled to return to his former husband during iddah period, and in this case, the former wife may not refuse his husband’s wish to return to her, when the reconciliation (rujuk) is performed during iddah period (al-Jaziri, 1994: 221)

DISCUSSION

CONCLUSION