DASAR PENETAPAN ISTRI NUSYUZ DI PENGADILAN AGAMA REMBANG DAN AKIBATNYA SETELAH PERCERAIAN DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

Abstrak

The term nusyuz in Article 84 of Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) is used to refer to a condition when a wife does not carry out her obligations as stipulated in Article 83 paragraph (1), without valid reasons. In this condition, the husband is no longer burdened with obligations towards his wife as stated in Article 80 paragraph (4), except those related to children. The interpretation of nusyuz in general is still centered on the wife, while the husband is not considered to be able to commit nusyuz, although this view has begun to be questioned by modern Islamic legal thinkers. This article aims to analyze how the concept of nusyuz is applied in the practice of Islamic law in Indonesia and review its relevance and fairness in the contemporary context. This research uses qualitative methods with normative juridical and empirical juridical approaches, based on literature data and case studies. The results of the analysis of case number 456/Pdt.G/2023/PA.Rbg at the Rembang Religious Court show that allegations of infidelity made by the wife against her neighbor became the main basis for divorce filed by the husband. The incident also caused them to live apart for nine months. This finding shows that the concept of nusyuz is still applied unilaterally against women, giving rise to the need for a fairer re-interpretation of husband and wife relations in Islamic law