PANDANGAN SYAIKH AN-NAWAWI AL-BANTANI TERHADAP PENYELESAIAN NUSYUZ DALAM KHI

Abstract

The thought of Shaykh an-Nawawi al-Bantani in the
context of today's Indonesian society, that the problem of resolving
nusyuz is recognized in Indonesia as stated in the Compilation of
Islamic Law (KHI) article 84 paragraphs 1,2,3,4. KHI itself is a
comparison of Islamic law, positive law and customary law. Likewise,
husband and wife have equal rights and positions in the household
and social community as stipulated in the law No.1 of 1974
concerning marriage in articles 30 and 31 paragraphs 1,2 and 3.
According to Shaykh An-Nawawi Al-Bantani, it is sunnah for
husbands to advise their wives who are nusyuz regarding their rights
and obligations as well as to frighten the bad effects of nusyuz which
can cause harm to their husbands abort physical and spiritual
livelihood. This opinion is relevant to the settlement of the nusyuz
case in the KHI is to abort a living for the wife, as regulated in article
80 paragraph 7 which reads: "husband's obligations as referred to in
paragraph 5 fall if the wife is nusyuz". Thus, the relevant opinion of
Shaykh An-Nawawi Al-Bantani is advising which is done in a gentle
way, reminded of the good and bad consequences such as being able
to abort a living. Then in the hitting stage, he emphasized to forgive
(not hit her) and be patient as Umar RA's patience. This is also
relevant to Law No. 23 of 2004, articles 5 and 6, concerning the
elimination of domestic violence.