Perbandingan Pandangan Imam Syafi’i dan Ibnu Hazm tentang Nafkah Istri Nusyuz

Amaliah, Khadijah and Shesa, Laras and Hakim, Anwar (2025) Perbandingan Pandangan Imam Syafi’i dan Ibnu Hazm tentang Nafkah Istri Nusyuz. Sarjana thesis, INTITUT AGAMA ISLAM NEGERI CURUP.

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Abstract

ABSTRACT Khadijah Amaliah (19621014): Comparison of the Views of Imam Syafi'i and Ibn Hazm on the Livelihood of a Nusyuz Wife This research is motivated by the dynamics in a household such as a wife who is nusyuz towards her husband. In this study the author discusses how to provide for a wife who is nusyuz whether the husband must provide a living or stop when the wife is nusyuz. The type of research used is library research, namely research that limits its activities to library collection materials only without requiring field research. In this case, the data and information obtained through Primary Data in the form of a book by Imam Syafi'i entitled al-Umm juz V and juz VI and a book by Ibn Hazm entitled al Muhalla which explains the livelihood of a wife who is nusyuz. As for secondary data or supporting and supporting data in the form of Fiqh of the four schools of thought, Fiqh munakahat, Islamic marriage law, contemporary Fiqh. Then compile and analyze the data that has been obtained using the comparative analytical descriptive method. Based on the problem formulation that has been formulated, the results of the research are: 1. Imam Syafi'i is of the opinion that a wife who is nusyuz towards her husband will have her right to earn a living from her husband disappear or her living will be lost until she stops and is no longer nusyuz towards her husband. Meanwhile, according to Ibn Hazm, whether a wife is nusyuz or not, her husband is still obliged to provide for her. 2. The legal istinbat method used by Imam Syafi'i in determining the law regarding maintenance for nusyuz wives is qiyas as the basis for determining the law, because according to Imam Syafi'i a wife who does not obey her husband does not get a living, just as the seller does not get payment if he is not willing to hand over his merchandise. This opinion shows the use of qiyas in which there is a benefit or goodness aspect, namely maintaining the fulfillment of the husband's rights and obligations to his wife. Meanwhile, according to Ibn Hazm, it is based on the legal istinbat method by taking the meaning of dzahir from the Al-Quran Surah An-Nisa verse 34 and the Hadith of the Prophet narrated by Muslims which explains in general that the husband's obligation to provide support for his wife starts from the marriage contract, so whether the wife is nusyuz or not, the husband is still obliged to provide support for his wife. Keywords: Livelihood, Nusyuz's wife, comparison of schools of thought.

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Thesis (Sarjana)

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