Analysis of the right of reconciliation for wives from the perspective of gender justice and Islamic law in Indonesia

Abstract

In the practice of reconciliation (rujuk), the wife’s consent is often overlooked and interpreted differently across various Islamic schools of thought, while gender justice emphasizes equal rights for wives within marriage. The husband’s right to reclaim his wife after a revocable divorce (talaq raj‘i) is often seen as a form of male dominance. This study aims to examine whether Islamic law, particularly regarding rujuk, supports the principle of gender justice or tends to be biased toward men. Using a normative approach, the research analyzes classical and contemporary literature in fiqh and Indonesian legislation, such as Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). The study employs a qualitative normative-juridical approach through literature research, analyzing primary Islamic texts and secondary Indonesian legal sources. Data were analyzed using content analysis to examine interpretations of the right of rujuk in divorce, assessing whether practices uphold gender justice, especially for marginalized wives. This research shows that the practice of reconciliation in Islamic law reflects a patriarchal structure, but contemporary interpretations based on the maqāṣid al-sharī‘ah and gender justice encourage mutual consent. Reforms such as the Compilation of Islamic Law (KHI) affirm the rights of wives, marking a shift towards equality, justice, and respect for human dignity in modern Islamic marriage. This research contributes to the development of gender justice discourse in Islamic law by offering a reinterpretation of the practice of reconciliation based on the principles of maqāṣid al-sharī‘ah. These findings enrich the study of Islamic family law and provide a basis for more just, inclusive, and gender-equality-based legal reform.