Hak dan Kewajiban dalam Sektor Domestik: Antara Fikih, Undang-Undang Negara Muslim dan Konvensi CEDAW

Abstract

This paper aims to examine the rights and obligations of husband and wife according to the views of Islamic law, national law and international law. Using a comparative approach, this literature study concludes that rights and obligations are divided into three groups. Joint rights between husband and wife, husband's rights as well as wife's obligations, and wife's rights as well as husband's obligations. This grouping and also some of the rights and obligations contained therein are no different from the laws of several countries such as Indonesia, Syria, Jordan, Morocco, Algeria, and Yemen which have indeed adopted fiqh with talfiq or takhyir. There are laws in Muslim countries that have a gender pattern and are gender biased, while CEDAW guarantees women's rights by equating and equalizing their status with men. So, in essence, Islamic law, national law and international law both guarantee rights and obligations even though there are differences in viewpoints.