Analysis of the Right of Reference for Wives in the Perspective of Gender Justice and Islamic Law in Indonesia

In the perspective of Islamic law, the right of reference is often associated with the principles of gender equality and justice. The two main aspects discussed in this study are Islamic law and gender justice, where gender justice emphasizes fair treatment of women's and men's rights. In the practice of referencing, the consent of the wife is often ignored and understood differently by various sects, while gender justice emphasizes the equal rights of wives in the marital relationship. The husband's right to refer to his wife after talaq raj'i is often seen as a form of husband domination. This study aims to examine whether Islamic law, especially related to referencing, supports the principle of gender justice or tends to be biased towards men. Using a normative approach, this study examines classical and contemporary literature in fiqh and legislation in Indonesia, such as Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). The results of the analysis show that Islamic law, through the principle of maqasid al-shariah (sharia purpose), can be reinterpreted to create a fairer balance between husband and wife. In Indonesia, there is room to improve the implementation of gender justice in the referral process at the Religious Court. This article recommends legal reforms that are more equitable and relevant to the modern social context.