Reconstructing Nusyuz in Indonesian Islamic Family Law toward Reciprocal Spousal Protection

Information from the abstract

The concept of nusyuz in Indonesian Islamic family law has predominantly been constructed around the wife’s failure to fulfill marital obligations, particularly within the Kompilasi Hukum Islam (KHI). This gendered construction raises a significant legal question when a wife commits marital infidelity and the husband becomes the injured spouse. This study examines the limitations of the existing nusyuz framework in recognizing and protecting husbands affected by wives’ marital infidelity and proposes a more reciprocal conception of marital misconduct. Employing a normative juridical approach, the study analyzes relevant provisions of the KHI, Islamic legal principles, and contemporary perspectives on marital obligations and spousal protection. The findings reveal that the existing framework insufficiently conceptualizes marital infidelity as a form of serious marital misconduct within the broader discourse of nusyuz and provides limited conceptual recognition of husbands as victims of wives’ infidelity. This creates a protection gap in Indonesian Islamic family law, particularly concerning the identification of the injured spouse and the proportional legal consequences of marital misconduct. The study therefore proposes a victim-sensitive reconstruction of nusyuz based on reciprocal marital obligations, justice, and proportionality. This reconstruction moves beyond a gendered understanding of nusyuz toward a reciprocal framework that recognizes and protects either spouse affected by serious violations of marital commitments.

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Related topics: Gender and Women's Rights · Marriage and Sexual Relationships · Marriage and Family Dynamics