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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This research focused on the dynamics of husband-wife relationships in the context of Indonesian marriage law, which is often influenced by social and cultural norms. This study explores how existing regulations, namely the Compilation of Islamic Law (KHI) and Marriage Law Number 16 of 2019, regulate husband-wife relationships, and explores the potential application of Mubâdalah theory as an approach to improving equality and justice in marital relationships. In this study, an analysis was conducted to understand the extent to which the two regulations can support harmonious and balanced marriage practices.
This research used a qualitative approach with literature analysis, where the main data were taken from relevant legal regulations and supporting literature. Presidential Instruction Number 1 of 1991 on the Compilation of Islamic Law, Marriage Law Number 16 of 2019, and the book "Qirâ'ah Mubâdalah" by Faqihuddin Abdul Qodir are the main sources in this research. Through content analysis, this research presents an in-depth overview of the concept of gender equality in marriage and how the Mubâdalah theory can be applied to strengthen husband-wife relationships.
The results of the analysis showed that although the KHI and the Marriage Law have provided a legal basis for equality in husband-wife relationships, there are still challenges in its implementation. The Mubâdalah theory offers a more inclusive and just perspective, emphasising the importance of partnership and cooperation between husbands and wives. This study concluded that concrete steps were needed from the government to strengthen existing regulations and the introduction of a comprehensive premarital education program to support the creation of a more balanced and harmonious husband-wife relationship.

13/PMH/2024

13/PMH/2024

Perpustakaan FSH Lantai 4

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