ANALISIS KESETARAAN GENDER AMINA WADUD TERHADAP KEDUDUKANSUAMI ISTRI DALAM HUKUM KELUARGA ISLAM DI INDONESIA

Abstract

The position of husband and wife in Indonesian Islamic family law remains a subject of debate, particularly regarding Article 31 paragraph (3) of Law Number 1 of 1974 on Marriage and Article 79 paragraph (1) of the Compilation of Islamic Law, which designate the husband as the head of the family and the wife as a homemaker. These provisions are often perceived as reflecting a hierarchical gender relationship, raising questions about their relevance in the context of contemporary gender equality. This study aims to analyze Amina Wadud's perspective on the position of husband and wife from the standpoint of gender equality and to examine its relevance to Islamic family law in Indonesia. This research employs normative legal research with a conceptual approach. The primary legal materials consist of the Qur'an, Law Number 1 of 1974 on Marriage, the Compilation of Islamic Law, and Amina Wadud's Qur'an and Woman: Rereading the Sacred Text from a Woman's Perspective. Secondary legal materials include books, journal articles, and previous studies related to gender equality and Islamic family law. The collected legal materials were analyzed qualitatively using a normative-prescriptive approach. The findings indicate that Amina Wadud's concept of gender equality is grounded in the principle of tawhid, which emphasizes the equal dignity of all human beings before Allah. Through the Tawhidic Hermeneutics approach, she interprets the relationship between husband and wife as a partnership based on justice, mutual responsibility, and equality rather than domination. Furthermore, her perspective remains relevant to Indonesian Islamic family law by encouraging a contextual interpretation of legal provisions concerning the roles of husband and wife while preserving the fundamental values of Islamic teachings.