RECONSTRUCTING SHEIKH NAWAWI AL-BANTANI’S THOUGHT ON SPOUSAL RIGHTS AND OBLIGATIONS: A CONTEXTUAL APPROACH TO CONTEMPORARY INDONESIAN FAMILY LAW

Abstract

Sheikh Nawawi al-Bantani’s thought on the rights and obligations of husband and wife holds an important position in the discourse of Islamic family law because it stands at the intersection of classical Islamic jurisprudence, the pesantren scholarly tradition, and the Indonesian marriage system. This study aims to analyze the substance of Sheikh Nawawi’s thought on the rights and obligations of husband and wife, assess its relevance in the context of contemporary family life, and examine its implementation within the Indonesian marriage law system. This research employs a qualitative approach with an interpretive case study design supported by normative document analysis. The data were obtained through an examination of Sheikh Nawawi’s works, particularly ‘Uqūd al-Lujayn, Marāḥ Labīd, and Nihāyat al-Zayn, as well as Indonesian marriage regulations, including the Compilation of Islamic Law, the Marriage Law, and the Law on the Elimination of Domestic Violence. The findings show that Sheikh Nawawi’s concept of the rights and obligations of husband and wife includes mu‘āsyarah bi al-ma‘rūf, maintenance, dowry, religious education, biological relations, the wife’s obedience, the husband’s permission, and the handling of nusyūz. These concepts are grounded in shar‘i evidence, public benefit, and the orientation of maqāṣid al-syarī‘ah. Most of his ideas remain relevant, especially when read contextually through the principles of justice, protection, mutuality, and the prevention of violence. This study affirms that Sheikh Nawawi’s thought can contribute to strengthening Muslim family ethics and reforming Indonesian marriage law toward greater public benefit.