REFORMASI AL-QUR’AN DALAM HUKUM PERCERAIAN: Kajian Antropologi Hukum Islam

• Published in: Al-Mazaahib Vol. 2; no. 2
• Main Author: Ali Sodiqin
• Format: Journal Article
• Language: English
• Published: Universitas Islam Negeri Sunan Kalijaga Yogyakarta 01-12-2014
• ISSN: 2302-7355; 2809-1019
• DOI: 10.14421/al-mazaahib.v2i2.1369

Islamic law, including divorce law, has a dialectical relationship with the traditions of Arab society as its first recipient. Therefore, explaining Islamic law must consider the historical and anthropological situation Arab’s community in 7th century AD. The social structure, politics, and economics of Arab society at that time had a strong influence for the enforcement of Islamic law. Anthropologically, the differences of the rights and obligations between husband and wife in the law of divorce was inseparable from the dynamics of a growing cultural community. Islamic law governs the conduct of divorce as it adjusts to the social conditions of Arab society at the time. So the divorce legal texts in the Quran must be explained by the socio-cultural context of the recipient. When the socio-cultural is change, change of the law of divorce is permissible. The substance of the law of divorce in Islam is to place the divorced parties (husband and wife) to be equal, ie, have the same rights and obligations. The difference in the rights and obligations of husband and wife found in texts of Islamic law due to the efforts of adoption, adaptation, and integration of the revelation of the Qur’an with the traditions of Arab society. In the context of socio-cultural system now, can be a medium for constructing the divorce laws in Islamic law towards social justice.