Social Guarantee for Women in the Quran: Theory and Reality

Syamruddin Nasution

and Khoiruddin Nasution

UIN Sultan Syarif Kasim, Pekanbaru

UIN Sunan Kalijaga, Yogyakarta

Keywords: social, guarantee, justice, equal, status, wife and husband.

Abstract: Islam is a religion of renewal. The renewed aspects of Islam can be grouped into five. First is the belief

system of the polytheist system that is renewed into monotheistic. Second, the familial system of the

patriarchal system that becomes bilateral & egalitarian. Third, the social system of hierarchical-structured

that becomes egalitarian. Fourth, the economic system of the bourgeois-capitalistthat is reformed to a justice

economy. Fifth, the collective (tribal) responsibility system that is renewed by Islam to become individual.

The role of wife is one of many that is renewed by Islam in regards of the familial system. In line with it, in

Indonesia where Muslim is the majority, it has tried various efforts to ensure the social justice that Islam

provides to the wife. One of these efforts is enacted in marriage regulation in which wife quite hard in rights

like it should be. This paper seeks to show the social justice that Islam provides for women with thematic

studies of the Quran. Then shows why social security provided by Islam has not been obtained in society or

even judiciary, especially the Islamic Courts in Indonesia. In fact, from 106 cases coming to the Islamic

Court, only two of them providing the guarantee of the right of wife.

1 INTRODUCTION

Islam is a religion of renewal. The renewed aspects

of Islam can be grouped into five. First is the belief

system of the polytheist system that is renewed into

monotheistic. Second, the familial system of the

patriarchal system that becomes bilateral &

egalitarian. Third, the social system of hierarchical-

structured that becomes egalitarian. Fourth, the

economic system of the bourgeois-capitalistthat is

reformed to a justice economy. Fifth, the collective

(tribal) responsibility system that is renewed by

Islam to become individual. The role of wife is one

of many that is renewed by Islam in regards of the

familial system.

The renewal given by Islam to women can be

understood by understanding the Qur’an

thematically and / or holistically. When the Qur’an

as a source of Islamic teachings is understood

thematically and / or holistically, it is clear how

Islamic renewal of the status of women, including

wives in domestic life. Conversely, if partially

understood, the Qur’an seems to provide

discriminatory teachings for women; the husband is

in a superior position while the wife is in an inferior

position. Unfortunately, the fact shows that the

majority of thinkers still understand the Qur’an

partially. Likewise, the available books are still

partial thoughts. As a result, community leaders who

enlighten the community, such as teacher in formal

and informal institution, preacher and ustazs still use

partial understanding, including the judges of the

Islamic Courts.

This paper seeks to show the social justice that

Islam provides for women with thematic studies of

the Quran. Then shows why social security provided

by Islam has not been obtained both in the society

and in the judiciary, especially the Islamic Courts in

Indonesia.

2 THEMATIC THEORY

Classical and medieval Muslim scholars interpret the

Qur’an verse by verse starting from the beginning

(sûra al-fâtih} a) and working until the end (sûra al-

nâs). Later on, particularly at the beginning of the

nineteenth century, a new approach was adopted by

some scholars; the popular thematic approach.

Application of the thematic approach for al-

Khûlî can be done in three steps. (1) Collect verses

on the topic, then (2) connect them all as a unity, and

1526

Nasution, S. and Nasution, K.

Social Guarantee for Women in the Quran: Theory and Reality.

DOI: 10.5220/0009931215261533

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 1526-1533

ISBN: 978-989-758-458-9

(3) arrange them according to the implication of the

topic (al-Khûlî, 1995).

Bint al-Shât}i', a disciple (and later the wife) of

al-Khûlî, who also favored the thematic approach,

neglected to define this methodology.

Another successor of al-Khûlî is Khalafullâh,

whose method involves, first of all, collecting all the

verses on one topic, then studying them according to

the order of revelation, then analyzing them with

literary analysis.

In other words, the thematic approach to

interpreting the Qur'an is one type of interpretation

that was born in the nineteenth century, as an

improvement and/or refinement of previous

interpretations. With this type of interpretation, in

one side, can continue the Islamic renewal, in

another side, it is felt to be easier to understand and

implement the Islamic teaching, because the

interpretation focuses on a particular subject,

according to needs and interests. For example, how

is the concept of science according to the Qur'an,

how is the concept of goodness according to the

Qur’an, what are the characteristics of good people

according to the Qur’an, etc. A book entitled

Ensiklopedia Mukjizat al-Qur’an dan Hadis ((et.al),

2009) is inspirations of this type of interpretation.

Before the thematic model was born and was

widely used by experts in the 19th century, there

was also a model of interpretation which was also

called thematic. But this type of thematic is different

from the one widely used now. The first type of

thematic is thematic based on the chapter (surah) in

the Qur'an. For example thematic in chapter (surah)

al-Fatihah, thematic of the surah al-Baqarah,

thematically of the surah al-Nisa' and so on with the

other surahs of the Qur’an. But this first type of

thematic did not receive a positive response from

experts and commentators. Instead thematic based

on the theme received a positive response and even

became the most popular model of interpretation,

with various reasons and benefits obtained. By using

the thematic interpretation of the second model, the

problem of social justice for women (wives) can be a

separate theme. The first step taken to find out the

concept of justice for women (wife) is to find verses

in the whole Qur'an that discuss social justice for

women (wives). The second step is connecting all

verses that discuss social justice for women (wives).

The third step is to understand the whole verse to

find concepts. In the discussion and understanding

carried out in accordance with the period of the

verses of the Quran which speak and discuss the

subject of social justice for women (wives).

This type of interpretation in Indonesia is also

increasingly being used by some experts in tafsir

(mufassir) and who are interested in the study of the

Qur'an. QuraishShihab(Shihab, 1996), Indonesia's

famous interpreter, also emphasized the importance

of thematic interpretation. Even interpretations

issued by the Ministry of Religious Affairs also tend

to use this type of interpretation (Tim, 2012).

Likewise, Tarbiyah's interpretation taught to

prospective teachers is also inspired by this type of

interpretation.

3 SOCIAL GUARANTEE FOR

WIVES IN THE ISLAMIC

COURTS

When nash who governs family life, especially the

nash that governs the relationship of husband and

wife, is understood partially, one can become to the

conclusion that the husband is positioned as superior

while the wife is inferior. Nash referred to is as

follows. First, that men have inheritance rights more

than double the inheritance rights of women, as

mentioned in al-Nisā’ (4): 11. Secondly, that male

testimony is equal to twice the female testimony, as

mentioned in al-Baqarah (2): 282. Third, that the

husband seems to have an absolute right of divorce,

while the wife does not, as can be extrapolated from

al-Baqarah (2): 226-231. Fourth, that there are

different treatments to respond to inappropriate

behavior by the husband or wife, where if the wife is

indecent, the husband has the right to beat the wife if

unsuccessful to change behavior by warning and

unsuccessful either by leaving his wife alone in bed

as mentioned in Al-Nisā’ (4): 34, while a violating

husband is encouraged to be reconciled, as

mentioned in Al-Nisā’ (4): 128. It is even explicitly

mentioned in the Quran that husbands have a surplus

of one degree compared to wives, as mentioned in

al-Baqarah (2): 228, and the husband has the status

of the leader (qawwām), as mentioned in al- Nisā’

(4): 34.

In contrast, with thematic studies of the Quranic

texts that speak of husband and wife relationships in

domestic life, and related to Islamic renewal, it can

be concluded that wives have equal status with

husband, that wives obtain social justice in family

life. The equality of husbands and wives and a social

guarantee for wives has been formulated by a few

Muslim scholars, as a result of their thematic

understanding. The Marriage Law substantially also

covered it. In Marriage Law No. 1 of 1974 on

Social Guarantee for Women in the Quran: Theory and Reality

1527

Marriage, some of the social justice and equal status

of wife and husband have been provided.

To record some of the contents of Marriage Law

No. 1 of 1974 on Marriage are;

First, the principle of marriage is monogamy, as

stated in Article 3 paragraph (1), in principle in a

marriage a man may only have a wife, a woman may

only have a husband.

Indeed there is a possibility of polygamy for a

husband, but only under certain conditions and with

specific requirements, as stated in Article 3

paragraph (2) of Law No. 1 of 1974 on Marriage,

The court can give husband permission to have more

than one wife if desired by the party concerned.

Article 4 paragraph (1), If a husband has more than

one wife as mentioned in Article 3 paragraph (2) of

this Law, he is obliged to submit an application to

the Court in his area of residence. Article 4

paragraph (2) The court referred to in paragraph (1)

of this article only gives permission to a husband

who will have more than one wife if (1) the wife

cannot carry out her obligations as a wife; (2) the

wife gets a disability or an incurable disease;(3) the

wife cannot give birth to offspring.

Besides, the husband who will polygamy must

also be able to fulfill certain conditions, as stated in

article 5 paragraph (1) of the Law, To be able to

apply to the Court as referred to in Article 4

paragraph (1) the Law must be fulfilled as follows:

a. There is agreement from the wife/wives; b.there is

certainty that the husband can guarantee the

necessities of life of their wives and children; c.

There is a guarantee that the husband will be fair to

their wives and children.

Second, the necessity of the approval of the two

prospective brides, as mentioned in article 6,

marriage must be based on the agreement of the two

brides.

Third, the rules of age for men and women, as

mentioned in Article 7 paragraph (1), marriage is

only permitted if the man has reached the age of 19

(nineteen) years and the woman has reached the age

of 16 (sixteen) years.

Fourth, divorce can only be done in front of a

court hearing, as stated in article 39 paragraph (1),

divorce can only be done in front of a court hearing

after the court concerned tries and does not stop

reconciling the two parties.

The same content is also mentioned in several

laws and regulations, such as Government

Regulation No. 10 of 1983 On Permission of

Marriage and Reliability for Civil Servants, and

Indonesian law books, such as the compilation of

Indonesian Islamic law. The application of the

Compilation of Islamic Law (KHI) is based on

Presidential Instruction No. 1 of 1990.

Fifth, inheritance rights for boys and girls,

including for children of children who died first.

That the boy's part is the same as the girl's part, as

stated in the Compilation of Islamic Law, article

183, ‘The heirs can agree to peace in the distribution

of inheritance, after each is aware of its share’.

Sixth, it is possible that there is a substitute heir,

as mentioned in the Compilation of Islamic Law,

Article 185 paragraph (1) ‘Heirs who die earlier than

the guardian, their position can be replaced by their

children, except those in Article 173’. The point of

article 173 is that heirs are not entitled to inheritance

because of the murder of the heir or are not entitled

to inheritance for committing slander which results

in the heir being sentenced to 5 years imprisonment

or a heavier sentence.

Likewise, marriage registration rules are

intended as a means to ensure that the marriage to be

carried out has fulfilled the conditions set out in

Indonesian legislation.

Experts in tafsir recognize and emphasize the

advantages of thematic interpretations compared to

partial interpretations. Likewise, thinkers who

understand well the thematic interpretation method

recognize its advantages.

However, this is not the case with the majority of

Muslim thinkers, including judges. They still look

one eye at the results of the thematic interpretation,

especially the thematic thinking that relates to family

problems. This rejection is possible for four main

reasons.

First, the references they read are the majority of

the results of the partial approach study. The

majority of Muslim thinkers still used a product

from a partial method. Likewise, the available books

are still partial thoughts. As a result, community

leaders who enlighten the community still use partial

understanding, including teachers or religious

lectures in formal and informal school, preachers in

the society, and the Islamic Courts judges. There are

still very few judges who accept the thematic

thinking products. The majority of judges who settle

cases in court still have a partial paradigm.

Therefore the judge has not provided the

guarantee of equality and social security to the wife.

This is one of the reasons why the wife has not

received social guarantee and status equivalent to the

husband both in society and in the court.

The actions of judges who do not provide social

guaranteed for women in court, make women

(mothers, wives) reluctant to come to court to

resolve their problems. One research concludes that

ICRI 2018 - International Conference Recent Innovation

1528

one of the reasons why a wife is not interested in

attending a divorce hearing, which is why her rights

are lost, is because the judge who decided the case

based on the discriminative views of the judge, did

not have a gender perspective (Rosyadi, 2010).

The second reason why the wife is not willing to

attend the trial in court, the questions raised by the

judge in court often discredit women (wives), even

though in a joking tone. For example, what's the use

of beauty if you don't obey your husband. This

question has almost no relevance to the subject of

the divorce process, because the subject is why the

wife does not obey the husband. Relevant questions,

for example, are why they are not compliant with

their husbands, are there actions by their husbands

who are not pleasing, which results in anger towards

their husbands, and the like.

The third reason, in many cases, the decision of a

judge who is pro to the wife is often not followed by

the execution of the decision. The husband does not

obey the judge's decision. For example, the wife's

explanation of the behavior of a husband who is not

good to his wife, even rude is often even reversed to

the wife by saying, the husband's actions occurred

because the wife was not obedient. Though the fact

is that the husband's behavior is rude for the wife is

not obedient to the husband.

In addition, even though it is in a different

context, to get child custody (child care), the wives

(mothers) do not attend the trial in court, is also due

to the judge who decides cases based on the partial

views of the judge, does not have a thematic

perspective (Ghofur, 2018).

There is indeed research that says judges do not

play a maximum role is possible because of two

things, namely the level of awareness and level of

ability. That is, the judge does not yet have the

awareness that being an idealist judge is a mandate

from God that must be carried out to the maximum,

as best as possible. This means that the judge does

not have the ability to become an idealistic judge.

Because using interdisciplinary analysis in solving

cases, for example, the ability of knowledge that is

not light is needed even though it does not mean it is

impossible. So that ability is not light that the judge

does not yet have.

In relation to the role of judges, there are studies

that classify judges into three groups, namely

idealist judges, pragmatic judges, and materialist

judges. Other groupings are progressive judges and

passive judges.

The idealist judge's intention is that the judge

who in completing the case has committed to work

in total, sincere, uplifting and full of smile. People

who are committed, total, sincere, uplifting and full

of smile at work, that is what is called jihad, and this

type of jihad that Islam demands is done by

everyone in any field of work. Likewise, the fruit

that will be obtained later in the life of the world and

the hereafter, is dependent on commitment, totality,

sincerity, enthusiasm and full of smile. In turn, this

idealistic judge will become a progressive judge.

This means that judges use a variety of means,

methods and facilities in completing cases that are

handled in order to produce a maximum decision.

This idealist judge will use ex officionya rights,

using various methods of legal discovery;

interpretation methods, argumentation methods, and

construction methods. All are used optimally in

order to get the maximum decision.

While pragmatic judges and / or materialist

judges are simply judges who, in completing and / or

deciding cases, are dealt with just as little as

possible. For him the most important decision has a

formal legal basis, roughly the same as what is

called Yusuf Bukhori, the judge still uses the

positivistic paradigm. So be a passive judge, no need

to seek a breakthrough to find a substantial decision.

For judges this group is what impressed the material

of law as a goal, not a means to achieve the

objectives of the law, as is the thought and belief of

idealist judges and progressive judges (Yusuf

Buchori. 2015).

The second reason why majority or Muslim

thinkers reject the concept of thematic thinking is

that many thematic thoughts are not in line with their

views and beliefs.

Among the examples can be noted below. A man

for polygamy according to his views and beliefs

does not need specific conditions. Similarly, for

marriage, there is no need for approval from

prospective brides. The same case that there is no

need to have a minimum marriage allowance. They

also view and belief that divorce does not need to go

to court, just at home. In short, what is in the

marriage law is generally contrary to their opinions

and beliefs.

The third reason, the concept of thematic

thinking is written in Latin, not Arabic. Many

religious figures view that books written in Arabic

are more authoritative than those that are not. Even

books written outside Arabic, are not worthy of

reference. Not written in Arabic is also among the

reasons why the majority of Indonesian Muslims do

not accept the concept written in various Indonesian

Family Law Regulations; Law No.1 of 1974 on

Marriage, Law No. 7 of 1989 on the Islamic Court,

Law No. 3 of 2006 on the Amendment of Law No.

Social Guarantee for Women in the Quran: Theory and Reality

1529

7 of 1989 on the Islamic Court, Compilation of

Islamic Law of 1991, Government Regulation (PP)

No. 10 of 1983 on Marriage and Divorce Permits for

Civil Servants (PNS), Government Regulation (PP)

No. 45 of 1990 on Amendments to PP No. 10 of

1983 on Marriage and Divorce Permits for Civil

Servants (PNS. Conversely the concepts contained

in books written in Arabic received a positive

response from the public, even though the authors of

the book were not known or written by writers who

were less competent. Conversely, books written in

Latin are not placed as references, even though the

book is written by the author and the writer.

The fourth reason for rejecting the thematic

product is an interesting reason. Because there are

some results of thematic thoughts that marginalize

them, or at least it minimizes their role as religious

leaders in the society, for example, a marriage

contract must be done in front of a marriage

registrar, and divorce must be before a judge in

court. These two cases marginalize their role and

interest. When the concept used by the community is

not legislation in the family field, as a result of

thematic and or holistic interpretation, but refers to

fiqh books written in Arabic, the implementation of

the marriage contract is carried out by religious

leaders; ustazs, kyai, and the like. Likewise in the

divorce process, when referring to fiqh books

written in Arabic, the reference figures are religious

leaders; ustazs, kyai, and the like. On the other hand,

when the divorce settlement process is delivered to

the court as a form of thematic and / or holistic

study, the party responsible for resolving is the judge

in court.

Thus, in the community, the status and position

of the wives are marginalized by the thoughts of

community leaders such as religious teacher and

preachers. While in the court the rights and status of

the wives are marginalized by the majority of judges'

paradigms that are still concepts and partial

paradigms.

One example of a judge's decision in court that

can be recorded to show how the views, beliefs and

actions of judges have not provided social justice

guarantees for women (wives). In one case a

husband proposed polygamy with the reason of

having the ability to polygamy. The basis of the

capabilities proposed is from an economic

standpoint having more than enough wealth to

finance the life of polygamy. While in terms of the

condition of the first wife there was no problem.

Because the first wife can carry out duties as a wife

for her husband. Likewise from the side of the wife's

ability to give offspring there is no problem, because

the wife has been able to give three children, even

when the husband submits proposal for polygamy

the wife is pregnant with the fourth child. The

reason for the husband to submit polygamy’s

proposal is because he has a relationship with a

woman and has conceived a baby as a result of the

relationship. So the reason for the husband to submit

polygamy’s proposal is in order to guarantee the

child who has conceived the second woman. Since if

their relationship does not get recognition from the

court in the form of a polygamy permit, then the

child of the woman is not clear about her legal

status. The consequences of legal status are not very

long for the future of the child that the woman has.

As for the decision on the proposed polygamy

above, the judge granted the husband's request with

two reasons as a basis for consideration. First,

consider the fact that the husband has impregnated

the second woman. Second, the demand for

polygamy was granted with consideration and in

order to guarantee the status of the child conceived

by the woman. By granting the request the judge

said that it could solve the problem faced by the

husband. Moreover, the husband threatened to

divorce the first wife when the demand for

polygamy was rejected. According to the judge this

decision was the best way out of two conditions

which were equally severe, namely the condition of

the husband who had impregnated the woman and

child that the woman was conceiving on one side,

with the condition of the first wife who was also

pregnant with a fourth child. Another reason that

strengthened the judge's granting the husband's

request for polygamy was the condition of the

husband who was economically able to provide for

two families, namely the family with the first wife

and the family of the second wife. Husband does

have an established economic ability, because in

addition to having three houses, the husband is also

a contractor in the city they live in (Marzuki, 2017).

What can be noted from the case above. First,

according to marital law, a husband may propose

polygamy in two conditions, namely under certain

conditions and with certain conditions. This

condition is one of three conditions; (1) the wife

cannot carry out her obligations as a wife; (2) the

wife gets a disability or an incurable disease;(3) the

wife cannot give birth to offspring. The conditions

that must be met by a husband who will carry out

polygamy in accordance with the laws and

regulations in the field of marriage are: a. There is

agreement from the wife/wives; b. there is certainty

that the husband can guarantee the necessities of life

of their wives and children; c. There is a guarantee

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that the husband will be fair to their wives and

children.

Based on the explanation of the case above, there

was no first wife condition that was not fulfilled.

Because in fact, the wife can carry out the duty as a

wife, the wife does not have an illness, the wife can

provide three children. Despite this condition, there

were no conditions that the wife could not fulfill and

carry out, but the judge still granted the request for

polygamy.

The second note, the judge only considers and

for the benefit of the husband who proposes

polygamy, without considering how the feelings of

the first wife, the more pregnant she is pregnant.

From the consideration given there are no

considerations which form the basis of the judge's

decision on the condition of the first wife, both

physical and physical. From the physical review of

the wife who is holding the request requires

attention from the husband. Moreover, in terms of

physicality, the wife who is pregnant certainly needs

the attention and caress of her husband. The judge

should consider the conditions and needs of the wife

in deciding the case. But in fact, the judge is not

seen in his decision giving consideration to the

conditions and needs of the first wife. The judge

only focused and considered the interests of the

husband who would polygamy. Why does the judge

not consider the condition and need of the wife who

has three children and is pregnant with the fourth

child in his decision. From this decision, it is seen

how the judge does not have a paradigm, belief and

action that is pro in guaranteeing social justice for

the wife. The judge still holds, believes and argues

gender bias, discriminatory against women (wife).

The judge does not have a paradigm, belief and

opinion that is pro-gender, recognizes and

guarantees justice for women (wife) (Mohamad

Atho Mudzhar. 2018).

Similar decisions occur, and even become

general decisions in the Religious Courts. Decisions

in divorce cases also have the same format as

decisions in the field of polygamy. The judge only

considers the conditions and reasons given by the

husband, without giving consideration and the basis

for the decision of the conditions and reasons

presented by the wife. In the case of divorce

decisions, cases that occur generally can be

described as follows. The husband filed for divorce

on the grounds that the wife did not obey her

husband (nusyuz). The reason for this divorce

request is generally to be used as a basis for

accepting the husband's request by the judges.

Whereas when traced further, the actions of a wife

who is not compliant with her husband, in fact do

not always work that way, but there are triggers that

are carried out by the husband. In other words, the

judge generally does not trace the reason behind

why the wife does not obey the husband. In many

cases the behavior of a disobedient wife to the

husband is the mountain top of the husband's

behavior which does not apply well to his wife.

Even in many cases the actions of non-compliant

wives to husbands are because husbands commit

violence against their wives and usually acts of

violence have been valid for a long time. In other

words, when the wife is not obedient to the husband,

usually the wife has long held and been patient for

the violent behavior committed by the husband. So

the act of disobedience or unwillingness to gather

with the husband is usually because the wife is

impatient to resist the behavior of violence

committed by the husband. This kind of fact does

not get the attention of the judge.

Likewise the case of a wife who did not come

when called to attend the trial, in many cases was an

act of disappointment for women (wives) towards

the behavior of judges who did not understand the

real condition of the wife and lack of appreciation of

the facts put forward by the judge.

Based on the aforementioned problems, among

the possible solutions to improve the awareness and

ability of judges in the court are as follows:

1. Efforts to increase the awareness of judges, 2.

Socialization of Marriage Laws and Regulations to

the public, 3. Supreme Court R.I. create a circular so

that PA judges always use ex officio rights in

resolving divorce cases.

The purpose of efforts to increase the awareness

of judges, there should be a state effort to create

more idealist judges and progressive judges. That is,

there is an effort made by the Supreme Court of

Indonesia, so that more judges realize that using all

opportunities to solve problems is part of worship

that will get a reply from Allah. There is a belief that

the better and more maximal it is to implement and

use opportunities in order to get fair decisions, the

better and the higher the quality of worship

performed. In turn, the higher the degree of life of

the world and the hereafter. The degree of life that is

qualitative and quantitative.

It could be a judge who makes the principle of

life with five key words, namely commitment,

totality, sincerity, enthusiasm and full of smile, as

part of the fruit of appreciation of the verse of the

Qur'an in al-Isra’ [17]: 7 and al-Najm [53]: 39.

In al-Isra’ [17]: 7 states, “If you do good then the

good deeds done are for yourself, and if you do bad

Social Guarantee for Women in the Quran: Theory and Reality

1531

deeds you will get bad consequences for yourself”.

The point is that a person who works positively and

maximally is investing in goodness. The better the

quality of work, the better the investment.

Conversely, doing ugliness will also experience

itself due to its ugliness.

Al-Najm [53]: 39 states, “And no human being is

found except in accordance with what he does”. The

point of this verse is that what will be achieved in

the life of the world and the hereafter is in

accordance with what is done in the world of work.

The better working as a judge, the better the family

life in the world and the hereafter.

When the judge has committed to work in total,

sincere, uplifting and full of smile, then the judge

will use all facilities and opportunities to give the

best decision to achieve the objectives of the law,

namely using the theory of legal discovery; 1.

interpretation method, 2. argumentation method, and

3. construction method. The interpretation method

used is not only monodisciplinary interpretation, but

also interdisciplinary and multidisciplinary.

As for what is meant by the Monodisciplinary

Interpretation, that in analyzing a problem is done by

using one particular discipline and using certain

methods of the science.

So in a monodisciplinary study a separate field of

science with material objects and formal objects

(approaches, points of view), and with a particular

method / certain. In the field of law, the

Monodisciplinary Interpretation is in resolving one

case resolved by using material law in the field of

law. For example, what the judges have done so far

in resolving marital problems is to use material law

relating to marriage, namely Law No. 1 of 1974

concerning Marriage and KHI, and using Law No. 7

of 1989 concerning Religious Courts and PP No. 9

of 1975 concerning Implementation of Law No. 1 of

1974 concerning Marriage, as a procedural law.

The Interdisciplinary Interpretation in legal

studies is usually done using various legal

disciplines in solving a problem. The interpretation

logic is used here more than one branch of law.

While with the Multidisciplinary Interpretation that

in solving a problem, the judge needs to study one or

several other disciplines outside the law. In other

words, here the judge needs verification and

assistance from disciplines that are different from

the law.

Thus, the judge does not rely solely on expertise

in the field of law, but it requires expertise from

other disciplines that are relevant to the problem at

hand. Aspects of Life Sciences from law to legal

psychology; the social aspect of law becomes the

sociology of law, and so on with other aspects of

law.

Hence, sociologically it is needed a continuous

socialization effort to the community. The more

people and media used to disseminate the thematic

concept the faster the concept of thematic approach

is accepted by the judge, community leaders,

teachers, scholars, and community, by which the

social justice for women is guaranteed.

4 CONCLUDING REMARK

Islam has provided renewal for the status of wives in

domestic life, and this is one of the primary missions

of Islamic reform. Among Islamic renewal for wives

in family life is social security and status equivalent

to the husband. This renewal can be known by way

of understanding the Qur'an thematically and/or

holistic. Conversely, if partially understood, the

Qur'an seems to provide discriminatory teachings

still; the husband is in a superior position while the

wife is in an inferior position. Unfortunately, the

majority of Muslim thinkers understand the Qur'an

partially. Likewise, the available books are still

partial thoughts. As a result, community leaders who

enlighten the community still use partial

understanding, including teachers in schools,

religious lectures, and preachers. That is the reason

why the social justice for women is not guaranteed

yet in the society. Similarly, the majority of the

Islamic court judged is still dominated by the

patriarchy thought of view. This is the main reason

why the wife has not received social guarantee and

status equivalent to the husband both in society and

in court.

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