Hak Istri Menolak Rujuk pada Masa Iddah Talak Raj’i dalam Kompilasi Hukum Islam (KHI) dan Hak Asasi Manusia (HAM)

Abstract

This study discusses three problem formulations, namely First, how the wife's right to refuse reconciliation according to the Compilation of Islamic Law and analysis of its articles. Second, how is the wife's right to refuse to refer to the Perspective of the Law on Human Rights. Third, how is the comparative analysis between the process of reconciliation according to the Fiqh of the four schools of thought. Based on the three problem formulations, this type of research is library research, descriptive-analytic. In this approach, namely the normative approach and the sociology of law. Data collection techniques with documentation. Three things can be concluded as follows. First, the status of women as legal subjects of reference in the Fiqh of the Imam Madhhab does not exist at all. KHI states in Article 164 that women are limited to passive law, that is, they can accept and refuse reconciliation. Second, the legality of the right to refer to women in the fiqh of the Imam Madhhab is taken from al-Baqarah verse 228 which says that the husband is more entitled to refer his wife and because the right to divorce belongs to the husband automatically the right to refer also belongs to the husband, and regulations in Indonesia are legally required to ask women consent or refusal to reconcile, this is in line with looking at the law of marriage there must be consent and something that is forced is not considered legal. Third, the implications of the right of reconciliation for wives as social control and social engineering at this time, husbands will not arbitrarily abandon their wives with unclear ties. The government should also consider and amend the regulations by seeing that women as legal subjects are perfect/ahliyah al-kamilah, and should be allowed to propose reconciliation with their husbands.