Nusyuz Prespektif Hukum dan Nilai Moral Masyarakat

Abstract

The reason that makes a wife nusyuz, when she does not carry out her obligations and neglects her duties as a wife, such as not wanting to obey her husband, receiving guests without her husband's knowledge, leaving the house without saying goodbye to her husband, not wanting to live with her husband, in general, a wife is said to be nusyuz if she does not obey her husband's orders when the husband's orders are not contrary to Shari'a. Meanwhile, the husband is classified as nusyuz if the husband does not give his wife her rights properly, such as the right to receive nafkah. This study refers to a field study, this research is in the form of field research, namely the data obtained comes from informants who have a connection with the theme under study as well as supporting data comes from literature such as books, articles, documents, journals and other scientific works. The result is that urban society is more flexible and it is not said that a wife is nunyus because she does not carry out her obligations to take care of the household and vice versa, a husband is not said to be nunyus because the breadwinner is not only done by the husband but the wife also helps to increase household income. Because the husband and wife live it as usual and do not consider these actions to have deviated from morality and law as long as each carries out their role in accordance with their respective agreements and mutual commitment between husband and wife, and make efforts to understand each other. However, the obligations of a wife in rural communities are still partly influenced by patriarchal culture, giving rise to an assumption that the wife's duty is to be in full control of household affairs, cooking, washing and must be obliged to provide services to her husband as well as possible and take care of children, and it seems that labeling only to wives when neglecting their duties and obligations is considered sinful, but this does not seem to apply to husbands.

Kata Kunci: Law Nusyuz, Moral Value Society, Law