STUDI ANALISIS QAWA’ID KONSEP FIQHIYYAH DOMINASI PERAN ISTRI DALAM KELUARGA SEBAGAI BENTUK HUKUM KELUARGA KONTEMPORER

Abstract

Abstract

Article 31 of Law number 1 of 1974 concerning marriage states "the husband is the head of the family and the wife is the housewife". However, lately it has become a topic of discussion associated with the issue of renewing the marriage law. This study aims to analyze the fiqh rules relating to the dominance of the wife's role in the family as a form of contemporary family law. This research uses empirical legal research methods, Empirical Legal Research is a method that uses empirical facts of human behavior, can be in the form of verbal behavior that can be observed directly, empirical research can be used to observe the results of human behavior in the form of physical relics and archives (Mukti and Yuliato: 2010).  Empirical legal research obtains data from primary data sources, such as the results of field research, and analyzes how the law works in society. The results of this study indicate that the majority of women who are dominant in carrying out roles in the household are influenced by several factors, one of which is education and the surrounding environment. This means that we should not understand the context that ``the husband is the head of the family and the wife is the housewife`` without understanding the articles before and after as a whole. Article 31 (1) of the Marriage Law explains that the rights and position of the wife are equal to the rights and position of the husband in household life and social life together in society. Before the birth of the Marriage Law, based on Article 108 of the Civil Code (Burgerlijk Wetboek), a wife could not perform legal acts (granting, mortgaging, transferring, obtaining anything) without the help of her husband in a deed or written permission.

Keywords: fiqh rules, 'urf, family, contemporary