Interpretasi Konsep Nusyuz Dalam Perkara Perkawinan Pada Pengadilan Agama

In a family life, a wife has an obligation to devote in every respect to her husband according to the Islamic Law ( article 83 Compilation of Islamic Law/KHI). This obligation is very important for a wife. If she does not do the obligation, she will be chategorized nusyuz (article 84 (I) KHI). The regulation of nusyuz in KHI is still general, without detail explanation. It makes many interpretations of judges to settle of nusyuz case. This research was done in five Religious Courts in Special Region of Yogyakarta. Data were collected by conducting interview with five judges in the Religious Courts, and it is completed by study 15 decisions about nusyuz. The data were analyzed qualitatively and then conclude it. Based on this research, we conclude that (1) Not all wife\u27s action which does not devote in every respect to her husband is chategorized nusyuz(2) In this matter, the background of wife\u27s action is considered too. If her action is caused by her husband\u27s fault, it will not chategorized nusyuz(3) In the fact, some actions of wife which can be chategorized nusyuz are a) a wife leaves the home without husband\u27s permissionb) a wife commits adultery with other manc) a wife refuses making love (coitus) with her husband without legal reasond) a wife refuses living in a house given by her husband without legal reasone) a wife speaks rudely to her husbandand j) a wife suppresses her husband or she does an action that dangers for her husband\u27s soul(4) In interpretating of nusyuz, judges do not only follow an act, but also Islamic Jurisprudence (fikih)