TALAQ DIVORCE : Its Meaning According to the Actor of Matrilocal Residence in Muslim Society

Ulin, Na`mah (2015) TALAQ DIVORCE : Its Meaning According to the Actor of Matrilocal Residence in Muslim Society. PUSTAKA PELAJAR, Yogyakarta. ISBN 978-602-229-578-5

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Based on previous discussions, it can be concluded that talaq divorce is conducted by husbands during harvest season –because the initial case fee is affordable at this time- and it is preceded by separation of board before the advent of harvest season. Regarding separation of board, the husband would leave his partner (the wife), because Tuban community adheres to a tradition of matrilocal residence or after the wedding the husband and wife would live together in the wife’s family’s (parents’) house. Nevertheless, this does not rule outthe possibility of couples to live together in the husband’s parents’ house, wherein the wife would be the person leaving her partner behind. As for the duration of separation prior to it being registered in the form of divorce is varied, some are 1, 2, 3, 4 years long, and even up to 9 years as experienced by MP. Regarding husband and wife relationship as an economic relationship, the wife shows her authority/power. By means of traditional and transitional ideology women could appropriately take advantage of the husband’s identity as the sole breadwinner of the family to dominate (oppress) men. The realization of this dominance is evident when –under conditions of economic strain- the wife demands or dictates the husband to immediately provide sustenance (nafkah) according to her desire. Concurrently, the husband could not fulfil his wife’s demand, wherein – consequently- conflict arises along with its various forms of psychological function and resistance, until ultimately the relationship would reach a breaking point (as the peak of the unresolved conflict). The outcome would be different if the relationship were founded on egalitarian ideology, wherein if the family were to experience economic hardship it would not threaten the intimate relationship of the husband and wife. Instead, both of them would collaboratively work together to resolve the problem because within this context, sustenance (nafkah) provision is not only the obligation of one of the couple, it is the obligation of both wife and husband, which then would lead the couple not to engage in mutual domination/ oppression. Furthermore, another unique or distinctive character found in the research is that talaq divorce by reason of economic strain in Tuban Regency is understood by the wife as a form of their resistance towards the husband’s laziness to work and try his best in order to attain honour and respect of the family within their social and religious life. Thus, this phenomenon did not merely show forms of gender ideology but it also revealed that gender role distribution in the family or husband and wife relation is not merely determined by ideologies but it is also determined by myths. Meanwhile, often times the concept “mantu dherek morotuo” (ngawulo) which isimplemented by Tuban women to support their authority as Javanese women would trigger conflicts instead. Actually this concept has become a tradition in Tuban community which is highly supported by women in order for them to remain in the framework of matrilocal residence. However, in accordance with the flow of developing transformation, their struggle or effort has been facing tremendous challenge from men, which leads to household conflict and causing divorce in the end. Even so, conflict which ends in divorce remains able to be perceived/ understood positively as an effort to maintain the culture of Tuban community with it tradition of mantu dherek morotuwo or ngawulo. Therefore, talaq divorce is understood by wives as a form of the husband’s resistance towards the tradition of matrilocal residence. Moreover, in husband and wife relationship as a relationship of fidelity, the wife does not show any authority at all, since holy texts (alQur’an and al-Sunnah) do not provide any gap whatsoever for other interpretations, infinitely women are not allowed to engage in polyandry. In this context, the wife highly expects the husband’s treatment exclusively by making her the one and only legal wife. If there were any other condition than this, it would induce psychological violence upon the wife which is more significant than enduring physical violence or the affair itself. In other words, the wife could still cope under the conditions where in the husband has an affair with another woman rather than having the husband engage in polygamy or expressing his intent to enter a polygamous relationship. Thus, when the intent or desire to engage in polygamy has been expressed, the wife choose to be divorced, which subsequently can be defined as “wife’s psychological resistance towards polygamous intent”.

Item Type: Book
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012807 Talaq, Khulu'(Divorce)
Divisions: ?? DOS ??
Depositing User: Muhamad Hamim
Date Deposited: 02 Mar 2021 08:00
Last Modified: 02 Mar 2021 08:00
URI: http://repository.iainkediri.ac.id/id/eprint/209

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