RECONSTRUCTION OF NUSYÚZ CONCEPT IN COMPILATION OF ISLAMIC LAW IN INDONESIA

Nusyúz is a classical conception codified as a standard law written in Qs. an-Nisáa’ verses 34 and 128. The conventional fiqh perspective of nusyúz connotes the wife’s disobedience to her husband, because it is influenced by the patriarchy of pre-Islamic Arab culture. Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law in Indonesia mentions nusyúz in Articles 80, 84 and 125, only regulates the wife’s nusyúz and its legal sanctions, while the husband’s nusyúz is not mentioned. There is ambivalence, ambiguity and legal injustice for the wife. The focus of this research is the concept of nusyúz in KHI from a gender perspective and its correlation with the development of family law in Indonesia. This type of research is library research with a gender equality analysis approach. The results of this study indicate that it is necessary to rearrange the concept of nusyúz in the KHI, including the modern era understanding of nusyúz and adding the husband's concept of nusyúz and its legal sanctions in KHI.


A. INTRODUCTION
Nusyúz is one of the topics of discussion in the field of family law, its concept was not completely discussed in the early days of Islam.The term of nusyúz which has been absorbed into the Indonesian legal language is the language of the Qur'an with its various derivations.
The fiqh understanding of Nusyúz intersects with the socio-cultural context of Arab society as a special cause for the revelation of Qs. an-Nisáa' verse 34.The agrarian geographical condition of Arab land places men as the sole authority to earn a living for the family and in the battlefield.These two facts give rise to a patriarchal cultural setting that gives birth to collective assumptions; men are stronger than women.Even in the legal system and legislation, especially in family law in various countries, it is still full of contents (materials) that do not protect and provide fair rights for women (Wahid, 2014).
It is natural that criticism of KHI in the Atho 'Mudzhar language is a symptom of modern social and culture (Mudzhar, 1999).KHI is unique as a product in the modern era it still takes classical fiqh products as a reference, so there is a possibility of gender bias in standardizing the text (Umar, 1999).The emergence of KHI in the Indonesian legal order is a construction of modern Islamic law, including regulating the position of women in the family.According to Abdurrahman (1992), KHI is not final or closed, but open because it still requires refinement, criticism and renewal of its ideas, a necessity.Because its formulation is inseparable from fiqh, it has a great influence on a person's behavior, personally and collectively.
By only basing on KHI as the sole reference to determine nusyúz and all its legal consequences, KHI is not in suitable with the mandate; Law Number Violence is a manifestation of the smallest part of the effort to actualize the concept of nusyúz in the Qur'an even though this regulation is not framed in a qanún like KHI.Then in Article 1 point 1 of the Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Adjudicating Women in Conflict with the Law, which defines women in conflict with the law as women in conflict with the law, women as victims, women as witnesses or women as parties, must guarantee women's right to equal access to legal justice.
Based on the description above, today's social situation is seen as having created legal injustice for women.This is because women in the family institution can no longer be seen as subordinated to men on the grounds that the role and position of women in today's social reality is very different from the condition of women in the past.Women in the current context are relatively evenly distributed and have generally been proven to have the ability to act, choose intelligence and be independent in many transactional matters.This step when drawn with the current social context requires re-examining the moral ideas of KHI which are no longer relevant from a gender perspective.The results of these interpretations can be used as material for reconceptualization of nusyuz in KHI and are a point of interest in the discussion of rearranging the concept of nusyuz which is gender-equal and equitable.http://ejournal.radenintan.ac.id/index.php/smartE-mail: smart_submission@radenintan.ac.id The academic problem to be discussed in this article is the reconstruction of the concept of nusyúz in the Compilation of Islamic Law in Indonesia, a study of the implementation of the principle of gender equality in terms of the meaning, form and understanding of nusyúz as well as its legal sanctions.This study is quite interesting, with the assumption that from the classical era (fiqh) to the contemporary era (KHI), the understanding of nusyúz tends to lead to one direction, namely disobedience, disobedience and disobedience of the wife to her husband's orders and ambiguous sanctions.Even though nusyúz both from the wife and husband both have norms in the Qur'an.Although fiqh also discusses the husband's nusyúz and its form, it is not popular because it is not included with the legal sanctions, while KHI as modern fiqh does not at all mention the husband's nusyúz let alone the legal sanctions.

B. METHOD
This research is a type of normative juridical research (Faisal et al., 2021), secondary data are Articles 80, 84 and 125 of the KHI, and laws and regulations relating to the concept of nusyúz.Therefore, this study focuses more on sources of information originating from laws and regulations and other regulations that are included in the category of legal sources, court decisions, law books, articles, journals, newspapers, magazines and all relevant literature and in sync with the object.The research approach is an analytical tool used to interpret the data that has been selected and processed necessary for the realization of a predetermined research orientation.Approach is the whole element that is understood to approach a field of science and understand knowledge that is organized, round, looking for targets studied by the science.(Gie, 1982;Sihotang, 2018).Given the importance of the progressive law-based problem of nusyúz, in order to realize the established research orientation, this research needs to use an interdisciplinary approach (Nasution, 2010).These include approaches to gender justice, feminism, qiráah mubádalah, and contemporary fiqh.

Reconstruction Of Nusyúz Concept In Compilation Of Islamic Law
In Indonesia (Gender Equality Perspective Analysis) Al Fitri, Alamsyah, Sadari, Is Susanto 146 http://ejournal.radenintan.ac.id/index.php/smartE-mail: smart_submission@radenintan.ac.idAccording to syara` nusyûz, namely the disobedience of a wife to her husband and her disobedience to something is required of her by Allah in the form of obeying her husband (Al-Saldani, 2004;Erman, 2010;Nurasiah, 2016) .Sayyid Sabiq (1990) defines the wife's insubordination and disobedience to her husband including leaving the house without her husband's permission and refusing her husband's request to be invited to bed.While Hamka (1983) means not fearing and disobeying both God and husband.So the definition of nusyûz given by experts varies because it is understood differently.Some fuqáha explain nusyûz with the meaning of the term only being found in the wife, not vice versa there is no term nusyûz for the husband.Meanwhile, other jurists explain that nusyûz can happen to the wife and also to the husband, but it is not as well known that the term nusyûz is attached to the husband.
Nusyúz husband means the husband's disobedience to Allah SWT because the husband leaves his obligations to his wife (Syarifuddin, 2006).The husband's nusyúz criterion occurs when he does not carry out his obligations to his wife, either leaving material or subsistence obligations, or leaving non-material obligations (Bakhruddin, 2020;Darajat, 2017) including mu'asyárah bi al-ma'rúf or having good sex with his wife.

b. Nusyúz in al-Qu'ran
The phrase nusyúz found in the Qur'an has been absorbed into Indonesian taken from the root word in its various derivations, this sentence is found repeated five times, in four letters, namely Qs. al-Baqarah verse 259, Qs. an-Nisáa' verse 34, Qs. an-Nisáa' verse 128 and Qs.al-Mujádalah verse 11.The fiqh understanding of nusyúz intersects with the context of Arab society as a special cause for the revelation of Qs. an-Nisáa' verse 34.This terminology of nusyûz in the perspective of the Qur'an can be seen in two different definitions based on the subject of the nusyûz.
Qs. an-Nisáa' verse 34 portrays wife's nusyûz.Nusyúz in this verse means disobedience or disobey; its interpretation is in line with the interpretation of Shaykh Sa'id Hawwa, namely the disobedience of a wife and their self-exaltation by ignoring obedience to their husbands (Hawwa, tt.).Imam Abi Muhammad al-Husain bin Mas'ud interprets the word nusyúzahúnna only with the disobedience of the wives (Mas'ud, tt.).Shaykh Muhammad bin Umar Nawawi interprets with the understanding that wives hate their husbands and exalt themselves by being arrogant (Nawawi, tt.).In Ibn Kathir's interpretation quoted by Siti Musda Mulia, it says the wife against, rebelling and leaving the house without permission.Meanwhile, at-Tabari, defines it as the wife's resistance to her husband, rejecting sexual intercourse which is considered an expression of disobedience, hatred and opposition (Mulia, 2005).This verse is the key to the Koran in providing solutions when problems arise in a family.Unfortunately this verse is also often misinterpreted by a group of men who are religious or have certain interests.By relying on this verse they consider themselves as master and wife as slaves.Just as a slave must obey his master, so his wife must obey his orders.A husband who acts arbitrarily makes this verse as a justification for all his actions against his wife.Assuming his command is the same as Allah's command, if his wife opposes, then he has the right to give the most severe punishment.http://ejournal.radenintan.ac.id/index.php/smartE-mail: smart_submission@radenintan.ac.id One form of punishment is beatings; one face of physical violence is legalized to be carried out by the husband as the final stage of efforts to restore household stability.Many Islamic literatures state that it is permissible to beat one's wife, some even argue that hitting one's wife is a way recommended by the Qur'an to teach a nusyúz wife.This view arises when you only see what is written in the zahir verse only.The question that needs to be asked is whether beatings are indeed a recommendation from the Qur'an or a small emergency exit that should not be carried out.
This question is important to ask considering that the Qur'an was revealed to a society that does not humanize women.Let alone being beaten, pre-Islamic women even had the right to be killed, made objects of inheritance and so on without defending themselves.In other words, beating nusyúz's wife at that time was a form of violence that was mild compared to the behavior that was usually carried out by pre-Islamic society.If this is the case, the statement of the Qur'an that uses beatings as the last alternative for husbands whose wives are nusyúz should not be understood as a recommendation to commit violence against women.Because in the same verse, a method that is more important and effective than the beating itself is stated, namely máuizáh and bed-separation.
Máuizáh (giving good advice) and bed-separation (not separated from the house and not silenced each other) are really new methods introduced by the Koran to minimize acts of violence in the form of beatings.In a socio-cultural context that is so permissive to violence, the two methods presented in this verse really offer something that goes against the flow and at the same time accommodates the interests of women (Fayumi, 2002).Sayyid Qutb ( 2001) even states this verse as one of the many verses of the Qur'an which informs the existence of a struggle between the traditions of society versus the teachings of Islam where Islam is in a position to reform tradition.
As for the permissibility of beatings in the verse, it can be understood based on the special events that led to the revelation of the verse (asbáb an-nuzúl mikro).Al-Jassas relates this verse to the wife's obligation to her husband.The discussion begins with an explanation of nusyuz where this verse relates to the narrations which state that the nusyúz verse came down because of certain events.Namely, there was a man who injured his wife.Then the wife's brother came to the Messenger of Allah and he said that the man should be qisas.There was a man who slapped his wife, so the Messenger of Allah ordered qisás, and then the verse came down (Al-Jassas, tt.).
According to another version, asbáb al-núzul Qs. an-Nisaa' verse 34 (Al-Shabuni, tt.) is the incident experienced by Habibah binti Zaid bin Abi Zuhair with her husband Sa'ad bin Rabi 'bin 'Amr.Sa'ad was one of the leaders of the Ansar group.One day, Habibah was slapped by her husband for being disobedient.Then Habibah invited her father to complain to Rasulullah and said which means: "Let her qishas her husband".Then Habibah and his father went to recite Sa'ad.Then the Rasulullah called them back and informed them that Jibril (as) has brought the revelation of Qs. an-Nisáa' verse 34, then said which means: "We have a will about a thing, Allah also has a will about a thing.While Allah's will is better".
In the end, the qisás order was revoked; however, the beating in this case should be interpreted to teach a lesson, not to hurt the wife.The husband's nusyúz expression in Qs. an-Nisáa' verse 128.This verse literally talks about the husband's nusyúz to the wife, which can be

Reconstruction Of Nusyúz Concept In Compilation Of Islamic Law
In Indonesia (Gender Equality Perspective Analysis) Al Fitri, Alamsyah, Sadari, Is Susanto 148 http://ejournal.radenintan.ac.id/index.php/smartE-mail: smart_submission@radenintan.ac.id interpreted as turning away, reluctant, or no longer paying attention to the wife.The reason could be because he is no longer interested in his wife, or has started an interest in other women.The completion of this verse invites them both to make peace, to return to their original commitment as a couple who love and care for each other.
Husband and wife must be kind to their partner and must fulfill their partner's rights happily and not show hatred (Ja'far et al., 2021).The wife must obey her husband, stay at home and the husband has the right to forbid her from leaving the house.The husband is obliged to pay the dowry and provide a living, according to the consensus of the scholars (Armansyah, 2018;Hidayat, 2018;Maki, 2021).Given the importance of harmony and legal order in the family environment, nusyúz behavior, whether carried out by husbands or wives is an act that is prohibited by Islamic teachings.c.Nusyúz in the Compilation of Islamic Law KHI does not specifically regulate in a separate section related to nusyúz, although it is mentioned six times in three different articles, the meaning of nusyúz and the steps for its completion are not found.In addition, the husband's nusyúz is also not regulated, but only regulates the wife's nusyúz and its legal consequences."The wife can be considered nusyúz if she does not want to carry out the obligations as referred to in Article 83 Paragraph (1) except for valid reasons".As long as the wife is in nusyúz, the child's support continues to apply as stipulated in Article 84 Paragraph (2): "As long as the wife is in nusyúz, the husband's obligations to his wife as stated in Article 80 Paragraph (4) letters a and b do not apply except for matters for the benefit of the child.‛.The husband's obligations again apply if the wife is no longer nusyúz, regulated in Article 84 Paragraph (3): "The husband's obligations in Paragraph (2) above apply again after the wife is not nusyúz.The legal consequences of nusyúz due to divorce are regulated in Article 152 of the KHI: "The ex-wife has the right to receive iddáh support from her ex-husband unless she is nusyúz".
The norm of nusyuz in the KHI is narrowed to only the wife with legal consequences, while the husband's nusyúz has not been mentioned.Article 84 Paragraph (1) if the editorial examines the contents of the provisions of this article regarding nusyúz states that the wife is considered nusyúz if she does not want to carry out the obligations as stipulated in Article 83 Paragraph (1) except for valid reasons, thus this provision does not apply for nusyúz who came from the husband.Meanwhile, the provisions of Article 152 of the KHI due to the wife's nusyúz void the ex-husband's obligation to provide a living during the iddah period to his exwife.Whereas the husband as the head of the household can also perform nusyúz, as the norm is stated in Qs. an-Nisáa' verse 128.http://ejournal.radenintan.ac.id/index.php/smartE-mail: smart_submission@radenintan.ac.id d.Nusyúz in the Perspective of Progressive Theory Gender Justice According to the perspective of gender equality in Indonesia regarding women, there are legal inequalities that are felt by women (Fibrianto, 2018;Kania, 2016), one of the perceived legal inequalities relates to nusyúz.Siti Musdah Mulia and the team in collaboration with the Gender Mainstreaming Working Group (PUG) of the Ministry of Religion conducted a review on KHI.One of the problems raised was the nusyúz problem, they assumed that nusyúz did not only occur by the wife, but the husband could also do it, therefore in the KHI legal certainty was needed if the husband committed nusyúz.From the study they did, a Counter Legal Draft (CLD) emerged.The principles used are benefit, justice, gender equality, upholding human rights, pluralism, nationality and democracy (Mulia, 2005).
In the CLD mentions: (1).A husband or wife can be considered nusyúz.if they do not carry out their obligations or violate their rights.(2). the settlement of nusyúz. is carried out peacefully with family deliberation.(3).If an amicable settlement is not reached, the aggrieved party may submit a request or a lawsuit for settlement to the Court.( 4).If violence or persecution occurs as a result of nusyúz, then the injured party can report it to the police as a crime (Luhulima et al., 2006;Mulia, 2005).
Zaitunah Subhan agrees with Siti Musdah Mulia, she is of the opinion that although the KHI has regulated the issue of nusyúz, and as wisely as possible regulates the pattern of husband and wife relations in the family, in reality it still cannot guarantee the rights of each partner.In addition, in the KHI, the rules governing nusyúz are still considered gender biased, because the nusyúz regulation only applies to wives, while husbands who do not carry out their obligations are not regulated in it.In other words, the article does not position husband and wife equally (Asni, 2012).

Muslim Feminist
The family system in Islam does not show patriarchal values.So far, there has been an assumption that the institution of family and marriage is clear evidence of the strong patriarchy in fiqh.This view arises because of an error in seeing the text and context of the Qur'an.It is seen that there are several verses in the Qur'an that have been used as evidence for male supremacy, namely the verse about women's leadership and wife beating (Barlas, 2005).Someone who looks at the Qur'an will conclude that Allah does not discriminate between men and women.The equality between the two are evident in many verses and occasions.The simultaneous mention of the words al-mukminn with al-mkminat and al-mslimun with almúslimat in the Koran further strengthens the equality of rights between men and women.
Interpretation of Qs. an-Nisáa' verse 34, Asghar Ali Engineer suggests that people should not take a purely theological view in this case.One must elevate socio-theological views, because apart from being normative, the Qur'an also consists of contextual teachings.There will be no effective scripture if it ignores the context completely (Ghazala, 1997).The next line can be predicted when conditions change, the treatment of women must also change.This Asghar model approach is considered by Barbara Freyer to have created a new paradigm in interpreting http://ejournal.radenintan.ac.id/index.php/smartE-mail: smart_submission@radenintan.ac.id the verses of the Qur'an.In addition to reinterpreting, they also offer a new approach, even to the text of the Qur'an itself (Stowasser, 1994).
As stated by Amina Wadud, the Qur'an never commands women to obey their husbands.The Qur'an never states that obedience to the husband is the best characteristic of women.According to him, although the interpreters translate nusyúz as unfaithfulness and bad behavior on the part of the wife, in the Qur'an the word refers to the general condition of household chaos (Barlas, 2005).
It is this interpretation of hegemony that will be reconstructed by Amina Wadud with a typical feminist interpretation approach.So that it will give birth to a model of religious understanding that is just and egalitarian.With his methodological approach, he provides a more fair interpretation by exploring three key words from Qs. an-Nisáa verse 34 which according to him is the main issue in relation to the nusyúz issue.According to Amina, the meaning of the concept of obedience is to place a truly harmonious pattern of household relations away from pressure.Neither party feels being oppressed and oppresses but based on the relationship pattern that men are women's partners to improve each other's emotions, intellectually, economically and spiritually.
The interpretation model proposed by Amina Wadud is not separated from the spirit of feminism that runs in her blood.Of course it is influenced by the environment in which she lives and socializes, so that it affects the mindset and sensitivity to the phenomena that occur around her. Through a different perspective, Amina Wadud comprehensively views that nusyúz is not actually disobedience.According to her, it is only a disturbance of harmony in the household, which must be resolved in a good way.She does not agree with the classical scholars who view nusyúz as disobedience or disloyalty to their husbands and reject violence as a way to solve the problem of nusyúz.
Fatima Mernissi explained that the concept of nusyúz was defined more broadly as a form of awareness of women's equality.That is, women have the right to have different desires, views and opinions.Why is that, because the concept of obedience does not belong to a woman but belongs to a servant to his Lord.According to Amina Wadud, explaining that the concept of obedience (qánítat) which is described as a pious woman is often associated with obedience to her husband.In fact, this word is used to refer to the characteristics or personalities of people who believe in Allah (Umar, 2014).Gus Dur once stated that he wanted to straighten out his views on the position of women so that men's rights and women's rights became more balanced.
He cites the word of God in the Qur'an, "Indeed I created you as male and female", while the difference between the two is only biological.Therefore, according to Gus Dur, equality of rights between men and women is an Islamic value (Ibad, 2011).
Nusyúz occurs because of the neglect of the rights and obligations of one of the parties, but the understanding of nusyúz that has developed so far is still limited to a violation of the fulfillment of rights and obligations by the wife, so that understanding the concept of nusyúz really needs to be straightened out from the point of view of Muslim feminists.The majority of fiqh scholars have adopted the theme of gender inequality and the privilege of husbands from http://ejournal.radenintan.ac.id/index.php/smartE-mail: smart_submission@radenintan.ac.id the teachings of the Qur'an usually using Qs.an-Nisáa' verse 34 as a basis, which they read incorrectly.They concluded that men were the protectors of women and gave them a higher degree than women.However, such readings have included several meanings that cannot be contextually justified into the Qur'an but also contradict the Qur'anic teachings on human equality.Such an interpretation ignores the fact that the Qur'an makes men and women as auliyá, or protectors for each other.In addition, the interpretation includes claims about gender inequality and the privilege of men into the verse above, based on the misinterpretation of the three vocabularies contained in the verse, namely qawwámúna which is translated as regulator, qánitát which is translated as obedient wife, and nusyúz which translates as wife's disobedience to her husband.

Qiráah Mubádalah
Mubádalah in the al-Ma'áni dictionary means to replace, exchange or barter, whether physical such as trade or non-physical such as tolerance.The word Mubádalah itself is used more for the resistance movement of all forms of hegemonic and tyrannical values.The basic principle of Mubádalah is twofold; first, men and women are both servants of Allah.Second, men and women are both caliphs on earth.Mubádalah is a perspective and understanding in a certain relationship between two parties, which contains the values and spirit of partnership, cooperation, mutuality, bilateral and the principle of reciprocity.In this concept, it is more focused on the relationship between men and women in the domestic and public spaces (Kadir, 2019).
Why is mubádalah important.Since this life is intended not only for men but women as well and the benefits must be felt by both.The verses that seem to show their meaning to men actually apply to women while what is happening now is that more texts are seen by men as subjects and women as objects, even though texts must be read properly to get the good from both.
If the concept of nusyúz is studied according to the mubádalah theory, in fact in the Qur'an itself, nusyúz is discussed from two directions.There is a wife's nusyúz to her husband (Qs.an-Nisáa' verse 34) and there is also a husband's nusyúz to his wife (Qs.an-Nisáa' verse 128).In the concept of mubádalah, nusyúz is the opposite of obedience.Both nusyúz and obedient are reciprocal, as husband and wife are required to have a joint commitment to bring all goodness into the household (jalbú al-mashálih) and avoid evil from it (dar'ú al-mafásid).
This commitment can be called obedience from a religious perspective (Kadir, 2019).
If accepting the concept of obedience is a manifestation of jalbú al-mashálih, rejecting nusyúz is a manifestation of dar'ú al-mafásid.Obedience, in the context of a married couple's relationship, as already explained is all the actions of a person for his partner that can improve the relationship for the better and stronger in realizing sakinah, mawáddah and rahmáh.It is done by the wife to the husband, and the husband to the wife.Nusyúz is the opposite of obedient; namely, all negative actions in a married couple's relationship that weaken the pair bond between husband and wife, so that it becomes far from the conditions of sakínah, mawáddah and rahmáh that whether it is done by the wife to the husband, or by the husband to the wife (Kadir, 2019).

Reconstruction Of Nusyúz Concept In Compilation Of Islamic Law
In Indonesia (Gender Equality Perspective Analysis) Al Fitri, Alamsyah, Sadari, Is Susanto 152 http://ejournal.radenintan.ac.id/index.php/smartE-mail: smart_submission@radenintan.ac.idThis verse literally talks about the husband's nusyúz to the wife.Here it can be interpreted to turn away, be reluctant, or no longer pay attention to the wife.It could be caused that he is no longer interested, or has started an interest in other women.If you use the mubádalah method, then the substance is about concerns in a married couple's relationship.
There are parties who are starting to feel uncomfortable, reluctant, want to turn to others.Both husband and wife can do this.Therefore, this verse invites both of them to make peace and return to their original commitment as a couple who loves and cares for each other (Kadir, 2019).Thus in the perspective of mubádalah, nusyúz applies to both parties, it can be from anyone.Therefore if this happens, husband and wife must return to their mutual commitment as a couple who loves and strengthens each other.Reciprocally nusyúz in Qs. an-Nisáa' verse 34 if it happens then convey to those who do the advice to return to the original commitment to protect and maintain the marriage bond.
In the concept of mubádalah, beating or any kind of violence is not recommended at all.So, when the wife is nusyúz, the husband is not necessarily allowed to hit her as the essence of managing nusyúz in the Qur'an is how to return to the original relationship that loves and cares each other.Hitting is far from the substance of the relationship that the Qur'an recommends.Because of this, many commentators think that hitting a wife is makruh, or at least a blunder of al-awlá (contrary to noble character).So, in the relationship between husband and wife, what must be strengthened is the commitment and obedience to all things that are good for the family, and away from nusyúz.If nusyúz occurs, it is hoped that each will go to shúlh, ihsán, and taqwá in order to return to a state of obedience and submission for the good of the family.

Contemporary Fiqh
Muhammad Shahrur has a new understanding of the concept of nusyúz in Qs. an-Nisáa' verse 34.This understanding contradicts the opinion of the scholars who agree that nusyúz in the verse is the wife's exit from obedience to her husband, the wife's exit from affection in leading the family (Sharur, 2004).Nusyúz here has nothing to do with piety in the sense of doing prayer and fasting nor with ethical violations and disobedience which requires him to be given education and beatings, but leaving the leadership line with love and compassion, namely authoritarian and arbitrary opinion (Sharur, 2004).
In addition, according to him, the last way to resolve nusyúz is to withdraw his leadership power.In interpreting the verses of the Qur'an about nusyúz, Shahrur tends to pay attention to the social changes that occur and does not use asbáb an-nuzúl and the Sunnah of the Prophet as sources.Shahrur then also analyzes the word nusyúz, by relating it to the underlying message.According to him, literally, the verse does teach men how to punish their wives, as well as how to understand the psychology of women and the reasons for their disobedience.
The definition of Syahrur is very different from what has been given by the múfassir, that qânitât is a form of absolute obedience to the husband (Khansan, 2009).Shahrur also rejects the misogynistic opinion that nusyúz is an act of disobedience (disobedience) by the wife http://ejournal.radenintan.ac.id/index.php/smartE-mail: smart_submission@radenintan.ac.id towards her husband which is then threatened with three stages of punishment, namely being advised, separated from sleep and beaten; an understanding that always comes to the fore and dominates in classical fiqh books.In such circumstances the solution is with noble guidance, advice and words.As for when the first method of settlement is by advice and the second method is by separating the bed (especially for the wife) does not work at all, then the third method is "idribúhunna" used.It is in the sense of blocking his power by withdrawing the right of leadership from him (Sharur, 2004).The solution is still logical and normal with leadership in the hands of women, but everything becomes meaningless if leadership, whether physical, intellectual, religious and power belongs only to men.
Thing above relates to nusyúz and the difference when leadership is in the hands of women, then what if the right to leadership is in the hands of men, then he acts arbitrarily, despotic and nusyúz.Then the verse of Qs. an-Nisáa' verse 128 provides an explanation of it and determines how to solve it.Nusyúz, namely when a husband acts arrogantly, superiorly and authoritarianly which limits all power to only his hands, so that his wife does not have any rights in everything, both small and large matters, unless it is preceded by express permission (Sharur, 2004).Although it does not mention the meaning of nusyúz, it can be concluded that KHI does not explain in detail, only regulates the wife's nusyuz both the criteria and legal consequences of the wife's nusyúz behavior.Thus, KHI as a material legal reference in the field of marriage does not find nusyúz norms and the legal consequences for husbands.In this context, nusyúz becomes a kind of justification for the husband's arbitrary attitude towards his wife.Therefore, it is necessary to introduce contemporary fiqh (qanún) about nusyúz, women's fiqh which is expected in the present era by providing proportionally equal opportunities for women and men to obtain equal rights and obligations (egalitarian) in their lives.There is no gender that has to occupy the first and second positions, because all of them are equal in degree and dignity in front of Allah SWT.The condition of KHI, which only talks in one direction, cannot be maintained continuously in the realm of family law.Therefore a more egalitarian conception should be present in the marriage law in Indonesia.The simple definition of egalitarian nusyúz is disharmony or mental crime that occurs in the family.Nusyúz which spoke one way was clearly seen as a disturbance to the stability of family relations in the family law order, which if left unchecked could damage the integrity of the household.The more prominent meaning of progressive nusyúz in the contemporary family law paradigm is to position the Qur'an as a Reconstruction Of Nusyúz Concept In Compilation Of Islamic Law In Indonesia (Gender Equality Perspective Analysis) Al Fitri, Alamsyah, Sadari, Is Susanto 154 http://ejournal.radenintan.ac.id/index.php/smartE-mail: smart_submission@radenintan.ac.id book of guidance, hermeneutical, contextual and oriented to the spirit of the Qur'an, scientific, critical, and non-sectarian.So that the essence of nusyúz is the occurrence of disharmony or rift in the household, where nusyúz can occur and be carried out by both husband and wife.Thus the impression so far that nusyúz is a monopoly of women can be vanished or eliminated in the articles of origin of KHI.

Reconstruction of Nusyúz's
The modern understanding of nusyúz is reflected in Muhammad Shahrur's thoughts, namely the wife's exit from obedience to her husband, the wife's exit from affection in leading the family.Meanwhile, the husband's nusyúz acts arrogantly, superiorly and authoritarianly which limits all power to only his hands, so that his wife does not have any rights in everything, both small and large matters, unless it is preceded by express permission.Thus, the use of the term nusyúz for husband and wife in the Qur'an shows that nusyúz is an act of leaving the obligation of husband and wife in leadership in the household.b.Implications of Implementing Gender Justice Gender inequality is a system and structure in which both men and women are victims of the system.Many factors cause women to experience a gender bias (inequality) so that they are not equal, including the patriarchal culture that has dominated society for so long and the interpretation of religious texts that is gender biased.Imbalance and gender inequality have created a new theory as an instrument for dissecting gender inequality and imbalance, especially in Indonesia.The spirit of the Qur'an basically carries the mission and principles of justice, equality, democracy and good relations.There is a balance in viewing the rights and obligations between women and men in a professional manner, in accordance with the nature of the origin of the events of the two types of human beings who were created equal and balanced by Allah SWT.Along with the emergence of gender issues that are increasingly being echoed by women activists, both on a local, national and international scale, the reconstruction of the nusyúz interpretation method becomes something that is necessary, in order to produce interpretations that are more gender sensitive and able to capture social problems of humanity.
In understanding gender, Qs. an-Nisáa verse 34 emphasizes the historical approach (asbab al-núzul).The word qawwám in this verse is not understood apart from the social context at the time the verse was revealed.The social structure at the time of the Prophet Muhammad did not recognize the existence of equal partners between men and women.Therefore, the superiority of men is not the superiority of sex, but the functional superiority because it is men who make a living, spend their wealth and fight on the battlefield.The concept of nusyúz above includes two things: first, men are almost always actors and role models in religious institutions.Many religious interpretations are conveyed from the point of view of men and through speech, as well as male power.Second, women are alienated from the realm of public space, so that many of their rights are deprived.
In response to this fact, it is important to make efforts to bring up a reinterpretation of nusyúz based on multidimensional features by looking at nusyúz with various related dimensions, namely by expanding the scope of rank and level on nusyúz, the concept of nusyúz which was originally included in the religious rank was expanded in scope by adding a social dimension, while at the level domain, its scope is expanded to become universal.Therefore, the http://ejournal.radenintan.ac.id/index.php/smartE-mail: smart_submission@radenintan.ac.id concept of nusyúz in the KHI which still includes only the wife's nusyúz, the husband's concept of nusyz can be added in it, by explaining the related arguments and in accordance with the civilization and úrf of Muslims today.
As a product of family law that was born in the modern era, it turns out that KHI places women as inferior, subordinate and marginal beings through the concept of nusyúz.Seen from juridical angle, its material is a presentation of Islamic Sharia in the field of marriage law which is justified by the State.As a legal product, especially as part of a political decision, KHI is certainly not free of power, free of values and interests.The presence of KHI represented various interests, values and power, especially from patriarchal forming apparatus at that time.So that women tend to be faced with walls of injustice, subordination, masculine superiority and imbalance (dis-equilibrium).
A critical reading of the articles containing nusyúz in the KHI aims to make the order of Family Law in Indonesia bring a new paradigm that aims to elevate the position, dignity and worth of women.Besides it closes to a minimum the gap between masculine and feminine societies, both in the legal, social, cultural, political, and economic fields.Therefore, from various perspectives it is important to use it in studying injustice problems, through the phrase nusyúz in the level of positive law.It can automatically be assumed that the law does not marginalize and dehumanize women in family law as the law in Islam carries a very firm, straight forward and broad mission with the slogan everyone is the same as teeth on a comb.
No one has the right to say that a man is nobler than a woman.
KHI absolutely adheres to the principle of equality, for equality is a core unit in social justice relations.Without equality it is impossible for social justice to be created.Arranging the articles of KHI is not enough just to re-interpret misogynistic teachings, but must go through a process of reconstruction (dismantling) of the ideological bonds that have wrapped around them for centuries.As a classical legal concept, nusyúz in the modern era uses modern approaches and theories, such as the 'double movement' approach which was initiated by Fazlur Rahman as a form of methodological offer in ijtíhad on contemporary issues related to universal values such as aspects of humanity, justice, equality and freedom while still based on the universal values of the sacred messages of the Sharia without denying the historical, social and cultural aspects of a modern society in this information technology era, namely by understanding the content of the text and understanding the background behind (the context) when this text was born, then bring it in the current understanding (context).
If we look at the development of the characteristics of the Indonesian people, a norm is needed that can answer the problems developing, especially in the problem of nusyúz.So that the existing concept is not only used as a discourse, but a legal effort is needed so that the concept can be used as a norm in Family Law in Indonesia.If we refer to these provisions, regarding the issue of nusyúz, it requires legal certainty that can regulate the problem.So legal certainty does not only lead to the wife but also to the husband.Reconstruction of the classic model of nusyúz text which has rusted by itself will not be a single understanding of nusyúz because it is no longer relevant.If you look at the history of the arrival of Islam, Islam is present in the midst of Arab society which is full of discriminatory practices and cultures and marginalizes women.The tradition of society at that time, women were seen as second class 1 of 1974 concerning Marriage (amended by Law Number 16 of 2019), Law Number 39 of 1999 concerning Human Rights and Law Number 23 of 2004 concerning the Elimination of Domestic Violence.In the Indonesian context, the existence of the Law on the Elimination of Domestic The norm of nusyúz is contained in article: The legal consequences of the nusyuz wife are regulated in Article 80 Paragraph (7): "The husband's obligations as referred to in Paragraph (5) fall if the wife nusyuz‛.Her obligations are regulated in Article 83 Paragraph (1): "The main obligation for a wife is to be physically and mentally devoted to her husband in what is justified by Islamic law".The wife is considered nusyúz in Article 84 Paragraph (1): . Ahmad WarsonAl-Munawwir (2002)defines "high place, elevated, prominent, disobedient, defiant, or violent".If the context is related to the husband and wife relationship, then it means disobedience, the wife's opposition to her husband.Abu Ubaid said nusyúz ‫)النشوز(‬ or nasyázi ‫)النشز(‬ is something thick and hard.The word nusyúz, if taken into account, means irtífa '(excellence).It means a wife who violates or gets out of her rights and obligations as a wife over her husband.She has outperformed her character as a wife and what is natural in everyday life Conception in the Compilation of Islamic Law in Indonesia and Its Implications for Family Law Reform a. Implications of Understanding Nusyúz in the Modern Era Various Arabic dictionaries, interpretations and fiqh hav clearly conceived nusyúz as disobeying the wife to her husband.It even influences marriage law in Indonesia.Although it is not regulated in the Marriage Law Number 1 of 1974 as amended by Law Number 16 of 2019, it is regulated in Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law in Indonesia.The nusyuz provisions are stated in three different articles, namely Articles 80, 84, and 152.