METODE WAHYU DAN MUSYAWARAH PADA MASA NABI DALAM PENYELESAIAN KASUS NUSYUZ: ANALISIS NORMATIF-HISTORIS

2026-01-07T08:29:46+07:00

Nusyuz (consensus) in marital relationships often triggers domestic conflict, leading to divorce if not handled appropriately. In the contemporary era, a reconstruction of conflict resolution methodology rooted in prophetic values yet adaptive to current developments is necessary. This study aims to analyze efforts to address nusyuz during the time of the Prophet Muhammad (peace be upon him) through a normative-historical approach. The primary focus is on examining the integration of revelation as a moral-legal foundation and deliberation as an applicable method for resolving domestic conflict. This qualitative study, based on library research, analyzed hadith texts and the Prophetic sirah (religious texts) related to handling family conflict.

The results indicate that revelation provides basic principles of justice, mutual benefit (mubadalah), and stages of humanistic conflict resolution. Meanwhile, deliberation was used by the Prophet (peace be upon him) as a means of empathetic dialogue to understand the root of the problem and find solutions that best benefit both parties. This approach proved effective during the Prophet's time and demonstrates significant alignment with modern family counseling models that emphasize empathetic communication, neutrality, and win-win solutions. These findings indicate that the method for resolving nusyuz (concerns) during the Prophet's era is highly relevant for adoption and integration as a contemporary Islamic family counseling model to reduce divorce rates.

INTEGRASI HUKUM ISLAM DAN HUKUM ADAT DALAM TRADISI BADAMAI MASYARAKAT BANJAR

2025-12-20T10:19:14+07:00

Abstract

The Badamai tradition is an alternative dispute resolution system deeply rooted in the collective memory of the Banjar people since the era of the Sultan Adam Law (1835). As a local institution, this tradition plays a crucial role in maintaining social cohesion, but the dialectic of integrating norms within it requires in-depth theoretical study. This study aims to analyze the integration of Islamic law and customary law within the Badamai tradition as an instrument for informal conflict resolution in Banjar society. This research is a qualitative, descriptive field research. The approaches used are juridical-empirical (socio-legal) and legal pluralism. Primary data were obtained through in-depth interviews with Banjar traditional leaders (tetuha), peacemakers, and witnesses to the conflict. Secondary data were extracted from the Sultan Adam Law manuscript, Banjar cultural literature, and the concept of ishlah (reconciliation) in Islamic legal texts.

The results show that the Badamai tradition effectively integrates the substantive values of Islamic law (the principles of ishlah and benefit) with local Banjar culture. The family deliberation mechanism implemented was able to restore social harmony, maintain the dignity of the parties, and break the cycle of hostility without resorting to formal litigation. This study concludes that the integration of interlegality between Islamic and customary law in the Badamai tradition has successfully created a robust local restorative justice model. In the modern context, this tradition remains relevant and holds significant significance in supporting the harmonization of the national legal system based on local wisdom in Indonesia.

MAQASHIDUNA: Jurnal Hukum Keluarga Islam

METODE WAHYU DAN MUSYAWARAH PADA MASA NABI DALAM PENYELESAIAN KASUS NUSYUZ: ANALISIS NORMATIF-HISTORIS

INTEGRASI HUKUM ISLAM DAN HUKUM ADAT DALAM TRADISI BADAMAI MASYARAKAT BANJAR