Wives' Right to decline Reconciliation to Avoid Detriment in the Review of Islamic Legal Compilation

Abstract

This study aims to investigate conflicts within marital relationships, specifically instances of physical violence by husbands against their wives, including beatings and causing bodily harm. The research examines the reconciliation concept based on Articles 164 and 165 of the Compilation of Islamic Law, focusing on wives’ entitlement to reject reconciliation. Furthermore, the study aims to understand the extent to which a wife can decline reconciliation with her husband due to trauma resulting from talak raj’i (revocable divorce). The research employs normative research with a legal approach, analyzing existing literature and secondary data. Primary and secondary sources constitute the study’s data collection. Primary sources encompass opinions by Sheikh Wahbah Zuhayli in “Fiqh Islam Wa Adillatahu” regarding reconciliation, alongside Compilation of Islamic Law Articles 164 and 165. Secondary sources comprise various books, written materials, and journals. Data is gathered through meticulous documentation and citation techniques. Descriptive qualitative analysis, involving cause-and-effect analysis and relevant factor comparison, is utilized for data evaluation. Research findings indicate a shared perspective that reconciliation requires a genuine intention for marital harmony and peace, with no room for coercion or pressure.Thus, if a wife’s refusal to reconcile with her husband stems from trauma, reconciliation cannot be enforced. The wife’s consent is crucial for nurturing familial harmony. The Compilation of Islamic Law underscores the significance of both reconciliation and spousal consent, aligning with Articles 164 and 165.This research advances the understanding of conflicts within marital relationships, especially concerning physical violence. The insights gained contribute to a deeper grasp of the involved dynamics