Available via license: CC BY-SA 4.0
Content may be subject to copyright.
Justicia Islamica: Jurnal Kajian Hukum dan Sosial
57
CRITICIZING THE MUSLIM DIVORCE TRADITION IN LOMBOK:
AN EFFORT TO CONTROL THE WOMEN’S RIGHTS
Vol. 19 No. 1 June 2022 (pp.57-73)
Abdullah
Faculty of Sharia, UIN Mataram, Indonesia
Email: gibranabdallah@uinmataram.ac.id
Hijrah*
STIS Darul Falah Pagutan Mataram, Indonesia
Email: hijrahnanda@gmail.com
Hery Zarkasih
Faculty of Sharia, UIN Mataram, Indonesia
Email: heryherbanza07@gmail.com
*Corresponding author
DOI: 10.21154/justicia.v19i1.3168
Received: August 11, 2021 Revised: Oct 22, 2021 Approved: May 31, 2022
Abstract: This research aims to identify the divorce tradition in Lombok Muslim life
and nd solutions to the problems occurring. This is eld research using observation,
interview, and documentation methods. In this study, the researchers directly observed
and interviewed audiences. Moreover, the researchers discovered some problems of
Muslim divorce tradition in Lombok Island, namely, the report from a husband to a
religious personage or community leader about the divorce between him and his wife. The
second problem is pecelekan (bringing back a woman to her parents after her husband has
divorced her). The third problem is eliminating the man’s livelihood responsibility after
divorcing his wife. In Lombok Island, the divorce can automatically stop the relationship
between the husband and wife. In other words, there is no responsibility anymore for
a husband after a husband says divorce to his wife. However, separation of spouse
by divorce in Islam does not automatically abolish the husband’s responsibilities. The
woman in ‘iddah period still obtains her rights. Nevertheless, in Lombok, divorce causes
the divorced wife to lose her rights. This research contributes to nding two solutions to
solve these problems. The rst way is by socializing intensively with all of society, and
the second is through the active role of religious personage to control women’s rights
in Lombok society.
Tujuan penelitian adalah untuk meegetahui tentang budaya talak/cerai dalam
kehidupan muslim di Lombok dan untuk mencari solusi atas permasalahan yang
ditemukan. Penelitian ini adalah penelitian lapangan. Penelitian ini menggunakan
Abdullah, Hijrah, & Hery Zarkasih, Criticizing the Muslim Divorce Tradition in Lombok: An Effort to
Control the Women’s Rights
58
metode observasi, wawancara dan dokumentasi, yaitu peneliti secara langsung turun
ke lapangan untuk mengobservasi dan menginterview pelaku talak. Dalam Penelitian
ini, peneliti menemukan permasalahan-permasalahan tentang budaya talak muslim di
Pulau Lombok. Permsalahan-permasalahan tersebut adalah sebagai berikut; Pertama:
Laporan Laki-laki kepada Tuan Guru atau Tokoh Masyarakat tentang telah terjadinya
talak antara dia (suami) dengan istrinya. Kedua, melakukan budaya pecelekan yaitu
mengembalikan perempuan kepada orangtuanya setelah terjadinya talak. Ketiga,
menghilangkan tanggungjawab seorang suami pada istrinya yang tertalak setelah seorang
laki-laki mentalak istrinya. Di Pulau Lombok, talak itu bisa membuat hubungan antara
suami dan istri terhenti secara otomatis. Jadi, tidak ada lagi tanggungjawab bagi seorang
suami setelah seorang suami mengucapkan talak pada istrinya. Padahal perpisahan
pasangan dengan talak dalam Islam tidak menghilangkan tanggungjawab suami.
Perempuan yang masih dalam masa iddah harusnya masih memperoleh hak-haknya.
Tetapi di Lombok, Talak menyebabkan hak-hak istri yang tertalak hilang. Penelitian ini
memberikan solusi sebagai berikut; pertama: melakukan sosialisasi secara terus-menerus
pada masyarakat tentang hukum yang benar. Kedua, memberikan peran kepada tuan
guru atau tokoh masyarakat untuk mengontrol hak-hak perempuan, sehingga budaya
talak yang menghilangkan hak-hak perempuan tidak terulang Kembali di masyarakat
Lombok.
Keywords: Muslim Lombok, Divorce Tradition, Islamic law.
INTRODUCTION
Marriage is a sacred matter in Islam. Islam teaches people how to choose their
couple because a husband or a wife is a determinant of human life in the future
(in the world or hereafter).1 Prophet Muhammad said in his hadith, “Marry a
woman because of four things, because of her treasure, her descendants, her beauty, and
her religion, but prefer her because of her religion.”2 In the other hadith, Prophet
Muhammad said,
“if a wife had prayed, she had done fasting Ramadhan, she had kept her genitals,
and she had obeyed her husband, tell her to come in the heaven in whatever doors
of heaven she wants.”3
Many divorces have happened because people were wrong in choosing
their couple when they married. Consequently, many spouses always ght and
debate until the divorce. The factors that cause divorce are a total of 94.28% of
1 Lukman Santoso and Muhamad Fauzi Arin, “Terobosan Hukum Hakim Terkait Pencabutan Surat
Penolakan Perkawinan Dalam Masa Iddah,” Jurnal Yudisial 12, no. 3 (2020): 381–98.
2 Ibnu Hajar al-Asqalani, Terjemah Kitab Bulughul Maram (Semarang: Karya Toha Putra, 2012), 399; Ibnu
Hajar al-‘Asqalani, Bulugh Al-Maram, vol. III (Beirut: Dar al-Fikr, n.d.).
3 Imam Muslim, Shahîh Muslim, Jilid II (Beirut: Dâr al-Kitab al-Ilmiyah, 2006); Muhammad Ibn Isma’il
Abu ‘Abdullah Al-Bukhari, Sahih Al-Bukhari (Beirut: Dar Ibn Kasir, 1987).
Justicia Islamica: Jurnal Kajian Hukum dan Sosial, Vol. 19 No. 1 June 2022
59
the subjects stated that their spouses were selsh, 85.71% of them mentioned that
their partners did not appreciate them, 82.85% of them said their partners were
not available when they needed them, then 80% addressed couples could not be
invited to share4.
Allah said in the Holy Qur’an that we must interact with our wives well,
“Interact with them (wives) by using the best interaction” (). One
of the goals of marriage, as stated in the letter Ar-Rum verse 21, is to obtain peace,
comfort, love, and affection. Therefore, we recommend getting married to those
who can afford those goals.5
We can do many things as a husband and a wife to ensure our relationship
is healthy and strong. Husbands are obliged to protect and care for their wives,
which means protecting their wives’ honor, not wasting them, and keeping them
always to carry out Allah’s commands and stop all actions forbidden by Him.6
Marriage is not an agreement giving the enslaved person and the king status
or a boss and a servant. However, marriage is the effort to build strength together,
walk together and contiguously, and fulll each other to the happiness of life in
the world and hereafter.7
The sentence of divorce seriously affects the future of children and wives.
However, sometimes, divorce becomes the last solution for a broken family
that can not be defended anymore. There are many causes of divorce, including
individual problems and family business.8 A husband who cannot interact better,
such as being tempted by other women, or a wife who does not obey her husband’s
commands, often becomes a factor affecting the family building and causing the
wrong thing, divorce.9
4 Alna Sari, Tauk Tauk, and Afrizal Sano, “Kondisi Kehidupan Rumah Tangga Pasangan Sebelum
Bercerai Dan Faktor-Faktor Penyebab Terjadinya Perceraian,” Jurnal Konseling Dan Pendidikan 4, no. 3
(January 9, 2017): 41–51, https://doi.org/10.29210/113400.
5 Ahmad Zaini, “Membentuk Keluarga Sakinah Melalui Bimbingan Dan Konseling Pernikahan” 6,
no. 1 (June 2015): 91, https://doi.org/10.21043/kr.v6i1.1041.pasti ada hikmahnya. Salah satu tujuan
pernikahan seperti termaktub dalam surat ar-Rum ayat 21 adalah untuk memperoleh kententeraman,
kenyamanan, rasa kasih dan sayang. Prinsip-prinsip dasar pernikahan Islam yang harus diketahui
oleh konselor pernikahan dapat dirumuskan sebagai berikut: Dalam memilih calon suami/istri, faktor
agama/ akhlak calon harus menjadi pertimbangan pertama sebelum keturunan, rupa dan harta. Bahwa
nikah atau hidup berumah tangga itu merupakan sunah Rasul bagi yang sudah mampu.. Bagi yang
belum mampu disuruh bersabar dan puasa, tetapi jika dorongan nikah sudah tidak terkendali padahal
ekonomi belum siap, sementara ia takut terjerumus pada perzinaan, maka agama menyuruh agar
ia menikah. Layaknya pakaian, masing-masing suami dan istri harus bisa menjalankan fungsinya
sebagai (a
6 M. Harir Muzakki, Ali Akhbar Abaib Mas Rabbani Lubis, and Anis Hidayatul Imtinah, “Women and
Divorce in Ponorogo, East Java: Responsibility of The Husband in The Family,” Madania: Jurnal Kajian
Keislaman 24, no. 2 (December 31, 2020): 205, https://doi.org/10.29300/madania.v24i2.3583.
7 The Result of First observation to the spouse (Harniati dan Topandi)
8
9 Syukri Syukri, “Ikrar Talak Di Luar Pengadilan: Studi Terhadap Pandangan Tuan Guru Di Lombok”
(Disertasi, Surabaya, UIN Sunan Ampel, 2019), 121, http://digilib.uinsby.ac.id/35679/.
Abdullah, Hijrah, & Hery Zarkasih, Criticizing the Muslim Divorce Tradition in Lombok: An Effort to
Control the Women’s Rights
60
Islam allows divorce for Islamic legal reasons, yet Islam hates divorce
without urgent reasons.10 Hence, divorce is a halal thing, but Allah hates it. We
can take a look at Our Prophet’s statement in his hadith below;
11.
“Divorce, as one part of stopping marriage relation, is not the way to stop the
rights and responsibilities of each other, a husband as a head of a family still has
the responsibility to give livelihood to his wife (food, clothes, and home), so a wife
must still stay at husband’s home to nish ‘iddah time.”12
Lombok Island, West Nusa Tenggara Province, is known as a thousand
mosques Island. In this region, the divorced wife is brought back to her parent’s
home after society gures in that region execute the divorce as an abnegation of
responsibilities13.
By seeing this reality, the authors learned about the divorce tradition of
Muslims in Lombok and reviewed it using Islamic law. Thus, the authors can
nd one urgent point (good or bad, right or false) regarding the tradition. In this
case, the authors offer an alternate solution to building a divorce tradition based
on Islamic law. Therefore, the authors create the title of this research “Criticizing
Muslim divorce tradition in Lombok, (the effort to control the woman’s rights).”
This article focuses on the tradition of giving livelihood to a divorced wife’s rights
and the duty during iddah period.
Based on this problem, the authors describe some problems in this paper.
First, how is the divorce tradition in Lombok? Second, what is the Islamic law’s
view of the divorce tradition of Muslims in Lombok? Third, what is the alternative
solution to revitalize the divorce tradition of Muslims in Lombok as an effort to
control woman’s rights?
This research used the qualitative approach. According to Sobagyo,14
qualitative research is a research procedure resulting in descriptive data.
Furthermore, according to Nurul Yakin, qualitative research data are in words,
sentences, schemes, and pictures. Summarily, Iqbal Hasan15 mentioned that the
data in qualitative research are not numeral.
10 Islamic Scientists divide divorce law, we can read it in the book by the title Fiqhul Islam wa Adillatuh
11 al-‘Asqalani, Bulugh Al-Maram; al-Asqalani, Terjemah Kitab Bulughul Maram.
12 One of the wisdom is to keep a woman’ chastity, so there is no worry that the child in her womb is the
child of her husband, not the other men (if after divorce, then the woman is pregnant). We can read it in
the book by the title Fiqhul Islam wa Adillatuh
13 The rst Observation of some divorces is the divorce between Mrs. Sanawati and Mr. Ridwan living in
Puncang Village, Batu Layar District, West Lombok, West Nusa Tenggara.
14 Joko Subagyo, Metode Penelitian: Dalam Teori Dan Praktik (Jakarta: Rineka Cipta, 2006), 94.
15 M. Iqbal Hasan, Metodologi Penelitian Dan Aplikasinya (Jakarta: Ghalia Indonesia, 2002), 83.
Justicia Islamica: Jurnal Kajian Hukum dan Sosial, Vol. 19 No. 1 June 2022
61
The source in this research is the Tuan guru (Religious personage), all heads
in the Gunungsari sub-district, all of the headmen in the Gunungsari sub-district,
some ex-husbands and divorced wives, and the head of sub-village of Gunungsari.
When collecting data, the researchers used two methods suitable for the research:
interview and observation.
Before doing an interview, the researchers carried out an observation.16 After
that, the researchers interviewed some respondents. Basic research usually underpins
all others since it establishes the fundamental relationship between the observers
and the observed objects, and this is the beginning of all understanding of reality17.
There are some past researches related to this research. First, the research of
Zulfatun Ni’mah, with the title “Praktik Perceraian Sepihak pada Masyarakat Sasak
di Pulau Lombok.”18 The researchers discovered that unilateral divorce still occurs
on Lombok Island, and thus divorce can cause wives to be bullied or lose. It is
different from the research in this paper. Second, the research of Tauk Sofyan and
Muhammad Zaini, with the title “Perceraian Suku Sasak Lombok Nusa Tenggara
Barat.” In this research, the researchers only discuss the impacts19 of divorce on
Lombok people, but they did not talk about nafkah (living cost) after divorce.
DIVORCE TRADITION OF MUSLIMS IN LOMBOK
The divorce tradition described here is about hanging over the process and
fullling the duty of the spouse divorced, which gets agreement from religious
personage (Tuan Guru) and society gures.20 Tuan Guru is a gure who has
religious knowledge in spreading Islam on the Island of Lombok. Tuan means
hajj, and guru means a gure he gains knowledge or a gure who preaches Islam.
People like this on the island of Java are called Kyai. In Dompu City, we call them
Ruma. Ruma is the highest position of religious people in Dompu place. Unique in
Minangkabau, Sumatra Island, they call their social gure Buya. In Arab, People
call their social gure Syeikh. So do the other places in Indonesia. They have a
different way of calling their gure of society. The other example is the social
gure of Prophet Muhammad’s descendants. They call them Habib or Sayyid.21
16 The observation direct is a method of data collection that consists of observing the object of study within
a particular situation. This is done without intervening or altering the environment in which the object
unfolds. Otherwise, the data obtained would not be valid.
17 Wiki Didactic, “What is the meaning of Observation? Concept, Denition of Observation,” Accessed
May 2, 2022 in edukalife.blogspot.com.
18 Zulfatun Ni’mah, “Praktik Perceraian Sepihak pada Masyarakat Sasak di Pulau Lombok,” Asy-
Syir’ah: Jurnal Ilmu Syari’ah dan Hukum 51, no. 2 (November 14, 2017): 341, https://doi.org/10.14421/
ajish.2017.51.2.307-344.
19 Tauk Sofyan and Muhammad Zaini, “Perceraian Suku Sasak Lombok Nusa Tenggara Barat,” Jurnal
Alasma : Media Informasi Dan Komunikasi Ilmiah 1, no. 2 (October 1, 2019): 258.
20 Masnun Tahir, “Tuan Guru Dan Dinamika Hukum Islam Di Pulau Lombok,” Asy-Syir’ah: Jurnal Ilmu
Syari’ah Dan Hukum 42, no. 1 (2008): 85–115.
21 S Suprapto, “Religious Leaders and Peace Building: The Role of Tuan Guru and Pedanda in Conict
Abdullah, Hijrah, & Hery Zarkasih, Criticizing the Muslim Divorce Tradition in Lombok: An Effort to
Control the Women’s Rights
62
A social gure is not identical to what the technical term social role means in
sociology. Individuals often change social roles and sometimes take on them
simultaneously. They can each be assigned to a social sphere. Social gures, on the
other hand, cross spheres. It is typical for social gures “ that although they come
from different elds, their activities are becoming more and more independent:
advising, managing, speculating - these are activities that have become practices
that have been in a long since left their traditional eld in order to get through
the to wander entire society.22
Some divorce traditions of the Sasak Muslim hangover process and fulllment
of their very urgent rights and duties of them are;
The report of the man’s part to the head of the sub-village about the divorce
that already happened. First, this report aims to be decisive about valid or
not valid divorce. This decision usually is used in law in Imam Sya’i’s
opinion.23 Second, the divorce is noted to make it easy about iddah time.
This is benecial when the woman becomes a wife again or marries the
other man24. Everything in Islam must be noted to avoid the things that can
disturb the covenant of transactions, including the divorce period.
Pecelekan (bringing back a wife to her parent’s home).25 After it happens, a
valid divorce26 according to the Religion. So, this thing must be reported to
the head of the sub-village, religion personage, or headman27. In a short time,
the head of the sub-village, accompanied by the headman and some of the
family members from the man’s family member, brings back his ex-wife to her
parent’s home. In Sasak (Lombok Language, this method is called Pecelekan.
Pecelekan is information from a man’s family about the divorce between
a wife and her husband and brought her ex-wife to her parent’s home28.
This information is not only from the man’s family but also from the
others, for example, neighbors, friends, etc. This divorce information
Resolution in Lombok – Indonesia,” Al-Jami’ah: Journal of Islamic Studies 53, no. 1 (June 10, 2015): 225,
https://doi.org/10.14421/ajis.2015.531.225-250.
22 Mohamad Abdun Nasir, “Islamic Law and Paradox of Domination and Resistance: Women’s Judicial
Divorce in Lombok, Indonesia,” Asian Journal of Social Science 44, no. 1–2 (January 1, 2016): 78–103,
https://doi.org/10.1163/15685314-04401006.
23 Imam al-Sha’i, also known as ‘Shaykh Al Islam’, is one of the four great Imams of Sunni schools of law.
He is also the author of several prominent works in the eld. He has been titled ‘Nasir al-Hadith’ which
means “defender of hadith”.
24 Interview with the head of Dusun South Penimbung, April, 20 2020.
25 Compare with research results Sofyan and Zaini, “Perceraian Suku Sasak Lombok Nusa Tenggara
Barat,” 256.
26 The divorce that is usually consulted with the penghulu is the kinayah divorce
27 Siti Zahratul Azizah, “Pembagian Harta Bersama Akibat Talak Di Luar Sidang Pengadilan Agama:
Studi Kasus Di Desa Mesanggok Kecamatan Gerung, Kabupaten Lombok Barat” (Master Thesis,
Malang, UIN Maulana Malik Ibrahim, 2017), http://etheses.uin-malang.ac.id/9346/.
28 Interview with Ketua RT 01 Dusun Gelangsar
Justicia Islamica: Jurnal Kajian Hukum dan Sosial, Vol. 19 No. 1 June 2022
63
must be sent to the woman’s parents, or directly, a husband tells himself
to give this divorce information.
Pecelekan is a kind of good attitude from a man’s family because they bring
back his ex-wife well. So when the woman/wife comes back to become
a wife again of her ex-husband, it can get easy away from her family29.
Because according to the tradition, if we are good at taking the woman, so
good to bring her back. After doing pecelekan, the husband’s responsibility
will stop, so that he does not have the duties anymore to give livelihood;
food, clothes, and home or everything given to a wife from his husband.
The duty moves back to the woman’s parent. So, a husband can not sleep
with his wife anymore, he can not give money anymore to his wife, and a
husband can not buy clothes anymore for his wife. If Pecelekan had been
done, a husband would be free from all duties as a husband.
Pecelakan is the effort to give information about the divorce, so
the ex-wife is far from negative thinking of the people she left her
responsibility as a wife30because many people will say to her that she
is not a good woman if people do not know about her divorce from
her husband and its effect for a husband if he does not do Pecelekan, the
society will say to him that he breaks the tradition of Muslim Lombok.
Pecelekan is the effort to prevent ex-husband and ex-wife from living
together in the same home because it can make them sleep together
again31. In the thought of the Lombok people, if the divorce had
happened, the divorced wife and her husband could not sleep together
anymore. So, if the divorce had happened, there would be no time
anymore for the husband and his wife to be together or to live together.
If they divorce today, so is the last day to live together.
Pecelakan does not dene divorce differently: Raj’i divorce (spouse
can be husband and wife again) or bain divorce (spouse can not be
husband and wife anymore). Talaq raj’i is a talaq that can be referred
back by her ex-husband during the iddah period or before the end
of his iddah period. Bain talaq is a talaq that should not refer except
after marriage to someone else. Talaq, or in Arabic, is severing the
relationship between husband and wife from the legal marriage bond
according to religious sharia. According to talaq, language means to
let go of the bond. The term talaq is the release of the marriage bond
with talaq’s pronunciation.
29 Interview with H. Sainun, the family of Supriana, a mu’taddah woman,Penimbung Muhajirin, April 22, 2020.
30 Interview with gure of religion Dusun South Orong, Lingsar, April 30, 2020.
31 Interview with the head of Dusun West Penimbung, April 26, 2020.
Abdullah, Hijrah, & Hery Zarkasih, Criticizing the Muslim Divorce Tradition in Lombok: An Effort to
Control the Women’s Rights
64
The decision of who will have custody of the children. Custody of children
is based on some things32
Promisement or agreement of spouse before the divorce. If before
divorce, they agree on who will have custody of the children so that
custody will be given to the person who had agreed. Child custody
is a legal term regarding guardianship used to describe the legal and
practical relationship between a parent or guardian and a child in
that person’s care. Child custody consists of legal custody, which is the
right to make decisions about the child, and physical custody, which
is the right and duty to house, provide, and care for the child.
Look at children’s age, if the child is below 5 years old, the child will
follow his/her mother, and if the child is up to 5 years old, the child
will be given a choice, he/she follows her/his mother or his/her father.
Based on the agreement of the two families. There is a discussion
between both families. They are the families of the husband and the
family of an ex-wife. The deliberation between both families is the nal
solution for getting the child custody to avoid the problem between
the husband and his ex-wife.
Fulllment of the rights and the duties. Rights and duties in Sasak Tradition,
the rights, and the duties will stop together by happening divorce. We will
describe more again below.
Home
After the divorce, a woman (ex-wife) does not have the right to live
with her ex-husband anymore, although she is still in iddah time. Some
reasons cause it some of this are; rst, a divorced woman can not
interact anymore (Jima’), so making her far from her husband is the
best way to make them far from the things forbidden. Moreover, the
best home after a divorce is her parent’s home. Second, make them far
from negative thinking because a divorced woman is a woman who is
no longer needed by her ex-husband.
If the woman still stays at her husband’s home, that woman does not
have the feeling shy anymore. So to prevent this thing, so does not
stay at same home is the excellent solution. Third, the tradition that
develops in Lombok society that by stopping marriage so the duty to
give home will lose, so the woman does not have the right anymore
to stay at her ex-husband’s home33.
32 Interview with the gure of Adat Gelangsar village, May, 02 2020.
33 Interview with kadus Limbungan Taman Sari Village, Gunungsari, West Lombok, April, 5 2020.
Justicia Islamica: Jurnal Kajian Hukum dan Sosial, Vol. 19 No. 1 June 2022
65
Food
The duty to give food to the ex-wife in society’s culture is not the
husband’s duty after divorce. Some reasons cause this. First, marriage
stops the duty to give food, which is no longer the husband’s duty.
Second, the wife’s and husband’s homes are far from each other. Third,
this is punishment for a wife for having difculty nding a livelihood
for eating, hoping that after she returns to her husband, she can become
more understanding to solve the problems34.
In the Lombok People’s tradition, to give punishment to a woman who
has a problem is to stop her livelihood. So she will think about how
difcult a husband to nd the fund for her livelihood every day. So,
by this method, she will think again about returning to her husband.
Clothes
The duty to give clothes in divorce tradition in Lombok is not the duty
of the husband anymore because of some reasons below; rst, stopping
marriage is stopping the duty to give clothes, so that is not her husband’s
duty any more. Second, the duty to make up for the wife is for her
husband, but after divorce, the duty is not the husband’s duty any more35.
From some describing before, we can conclude that since divorce has
been valid, so in divorce tradition of Moesleem in Lombok think that
marriage relation will stop ideally, so the duty of the husband nothing
anymore or his rights, or woman’s duty and her rights. So, if they have
children, life fees or livelihood based on each other between husband
and his ex-wife without a minimum standard of livelihood.
ISLAMIC LAW VIEWS OF DIVORCE TRADITION OF MUSLIMS IN
LOMBOK
For more regular, we will write about the views of Islamic law about divorce
tradition regularly to each point written in part of divorce tradition. Islamic
law used to review divorce tradition here is qh law from believed and famous
Islamic scientists.
The report to religion personage and society gure (head of a sub-village)36
About the report on religion personage and society, the gure has not been
found dalil (in Islam, dalil is a real prove to prove them correct and false, the
34 Interview with Kadus Gelangsar, April 10, 2020.
35 Interview with Penghulu Dusun South Penimbug, April 12, 2020.
36 The use of the term “kepala Dusun” is intended to facilitate understanding in the community, although
by regulation the term “Kepala Dusun” has been replaced with a regional apparatus, the fame of the
term hamlet head is still alive and well, see Law on Village.
Abdullah, Hijrah, & Hery Zarkasih, Criticizing the Muslim Divorce Tradition in Lombok: An Effort to
Control the Women’s Rights
66
source of dalil is al-Qur’an and al-hadits) specically that makes it a duty, so this
report includes of culture/tradition. As a tradition, this report has many positive
things. The most important things are;
To know that divorce had happened
This information or this report will become the basis for the head sub-village
to manage the interaction between ex-husband and ex-wife. This condition is
prevention zina37. In Holy Qur’an, Surah Al-Isra’: 32, Allah SWT said: “And
do not approach (adultery); Indeed, adultery is a heinous act and a bad way.”
Iddah time
By this report, so religion personage knows iddah beginning and iddah
stopping. This information is essential, especially for a woman when she
wants to marry again with the other man. Another function of the iddah
period is to keep the offspring. When a person separates and performs, the
iddah period ensures the woman’s uterus is completely clean. So if a man
marries a woman, then it is spotless, and there is no longer a mixture of
semen from the previous husband. If there is a mixture, it is feared to cause
obscurity of the womb whose child and the loss of clear offspring.
This tradition is suitable and must be defended and supported for two
reasons. First, based on qhiyyah roles (tradition can be a source of Islamic
law). As a tradition that has a positive impact and does not contradict al-Qur’an
and sunnah, this tradition is suitable to be defended and supported. Second, based
on Usuliyah role, 38, the command to know about iddah time, so
the command too to do somethings that support to know clearly.
Bring back the woman to her parent (Pecelekan)
I Agree with the opinion of Wahbah Zuhaili that this tradition is in
contradiction with Islamic law39, so it must be lost. In Islam, agreed by Islamic
scientists in qh that woman’s right to get a livelihood, food, and home must be
achieved, although divorce has already happened.
37 zina is having intercourse between men and women without a legal marriage bond according to
religious sharia without coercion and is done consciously.
38 Abdul Hamid Hakim, Mabadi’ Awwaliyah (Jakarta: al-Maktabah as-Sa’diyah Putra, n.d.).
39 Wahbah al-Zuhayli, Al-Fiqh al-Islami Wa Adillatuh, vol. VII (Damsyiq: Dar al-Fikr, 1985). 658
Justicia Islamica: Jurnal Kajian Hukum dan Sosial, Vol. 19 No. 1 June 2022
67
Then, if a man has a big house, it must be given a border between the
husband and his ex-wife, but if the home is small, only has one room, so the
husband must move from that home and stay in the other place.
If we look about explaining up, Pecelekan is not a good tradition because it
contradicts Islamic law. Dalil of this opinion is in Holly Qur’an Surah at-Tholaq
ayat 1: “
.”
40In My opinion, this
tradition causes the woman to get two problems at once. On one side, she is timid
because she was divorced, and on the other side, she must live alone without
nafkah from her husband.
Food
Culture said the duty to give food to a wife that developed in the society is
not a duty for a man after divorce. Some reasons cause this. First, because stopping
marriage is stopping food, too, it is not the husband’s responsibility. Second, the
wife’s home and husband’s home is far. Third, a punishment for a wife to nd
nafkah is tough, so when she returns to her husband, she can understand and
face the problem wisely with her husband.
This is very contradictive to Islamic law. Because of; rst, Islamic scientists
had described some of them said that if it is a raj’i divorce or thalaq raj’i, the
mu’taddah woman must get all of the nafkah rights such as home, food, and clothes41.
42
40 Ibn Katsir, Tafsir Al-Qur’an al-Azhim (Mesir: Dar Ibnul Jauzi, n.d.).
41 al-Zuhayli, Al-Fiqh al-Islami Wa Adillatuh. 656
42 Ibnu Hajar al-‘Asqalani, Fathu Al-Bari, vol. IX (Mesir: Maktabah Misr, 2001). 498.
Abdullah, Hijrah, & Hery Zarkasih, Criticizing the Muslim Divorce Tradition in Lombok: An Effort to
Control the Women’s Rights
68
Based on Islamic scientists agree that the mu’taddah woman was still a wife
in the iddah period. If we think that divorce can stop anything is wrong thinking,
so it must be erased. Second, no wife at home is her husband’s command, so it
may not take this thing as a reason for a woman is not given food. Third, action
in variety is not based on logic only, so we do not have basic if we want to give
punishment, but we are contra to Allah’s command. Allah’s command is to give
nafkah, not stop nafkah, and even though stopping giving nafkah is a naughty
action, this reason does not have basic or dalil, and it must be closed.
Clothes
Two reasons why clothes are not the husband’s duty, according to the
divorce tradition in Lombok Society, are; rst, stopping marriage is stopping
clothes, so that is not the husband’s responsibility. Second, the duty to make up
for the husband is for the husband, so the husband must give clothes, but when
she divorces her husband, her husband has no more extended duty to give clothes
to his ex-wife.
The rst reason, as described before, is that this assumption is a mistake
because nafkah, with all of its kind, is still on a wife and a duty to her husband, so
this divorce is wrong, so it must be changed. About the second reason, make-up
is an actual duty for her husband, but it can not become essential to losing the
right of clothes, because that is the duty of his self.
STRATEGY TO BUILD ISLAMIC DIVORCE AND THE EFFORT TO
CONTROL THE RIGHTS OF MU’TADAH WOMAN
Divorces of Muslims in Lombok that contradict Islamic law must be changed
to keep women’s rights. To change the tradition in our society is very difcult,
but it must be tried to change. Before we describe this strategy, it is needed to
explain the rst law because this divorce is a sample of an ineffective Islamic law
in divorce problems.
To explain the effectiveness of the law of Clarence J Dias in Marcus Priyo
Guntarto43, there are ve types of equipment to give value-effective or not one
system of law, hangover; rst, it is easy or not the meaning of the law is guessed.
Second, comprehensive or not, society knows about the law’s roles. Third, efciency
or practical or not mobilization of the roles of the law can be reached by help from
administration employees who are aware in their selves in this mobilization, and
all people follow to participate in law mobilization. Fourth, there s a mechanism
of solving the problem that must not be easily connected and entered into each
43 Marcus Priyo Gunarto, “Kriminalisasi Dan Penalisasi Dalam Rangka Fungsionalisasi Perda Pajak Dan
Retribusi” (Master Thesis, Semarang, Universitas Diponegoro, 2008), 71–72, http://eprints.undip.
ac.id/18091/.
Justicia Islamica: Jurnal Kajian Hukum dan Sosial, Vol. 19 No. 1 June 2022
69
society but must effectively solve the problem. Fifth, there is a thought and
admission in people who have thought that the roles of law can be inuential.
Achmad Ali said applying law can be effective if socialized optimally to all people
as law targets.44
According to the theory above, so a strategy that can be tried for efciency
of law about divorce are;
Socialize about the right and the duty of Mu’taddah woman
One of the things that can inuence effective or not of law is the degree of
society’s knowledge about the law. People have little knowledge about law, so
more little to implement that law. For this reason, socializing of divorce law must
be done continuously.
This socialization aims for people to know about the role of law (right and
duty) mu’taddah woman in the Islamic role. On the side, fullling rights can be
the primary choice, so the meaning of law for life must be explained to the society
to motivate them to do that.
Effective and efcient is needed to be thought for a good result—socialization
strategy. For example, socializing in the writer’s thoughts must be done in small
communities such as at the sub-village level because smaller locations are easier
to control and regulate.
We ask religious personage who has to inuence is needed, especially
in sub-village has actors of tarekat so bringing the leader of the tarekat can be
the most effective way to make people aware about the law, because of tarekat
actors always obey and follow their leaders45. The critical thing also is asking
the head of sub-village because the people have necessary of administrative
with him, this is true, can make them obey the opinion and suggestion of the
head of sub-village.
Taking place in the mosque is the best choice and wise because the mosque
has a spiritual inuence on the Psychological condition of the listener so that
people can receive law quickly.
The role of religious personage and society gure in controlling the mu’taddah
woman’s right.
Religion personage here is the person who has charisma in religion, usually
called Tuan Guru, Kyai, or penghulu. The religious personage at all levels helps
each other to keep the mu’taddah woman’s rights if we accord to divorce that
happened. Hence, the action of Penghulu at the sub-village level is signicant
because only he, the person who the rst time, asked the opinion of the people
44 Gunarto, 72.
45 Istilah yang sering digunakan untuk menunjukkan kataatan murid
Abdullah, Hijrah, & Hery Zarkasih, Criticizing the Muslim Divorce Tradition in Lombok: An Effort to
Control the Women’s Rights
70
who had divorced. He acts to become the main person who will bring a woman
back to her parent’s home.
Suppose socialization has done good, and people know well about the
mu’taddah woman’s rights. In that case, the most important next is for an active
headman at the sub-village level to practice it by not bringing the woman back
to her parent’s home. Using these strategies will give a chance for mu’taddah
woman’s rights.
This divorce tradition of Muslim Lombok must be reviewed again because
that thing can cause women in Lombok loss. This is the violation done by the
Lombok People of women in this life. Women must get their rights, although
divorce had happened. Besides, this tradition exceeds the religious norm and
the Indonesian law.
For ex-husbands, the obligations that must be carried out are of them
to provide madiyah (past income) as one of the obligations in the form of legal
provisions due to the dissolution of the marriage due to divorce, the provision
of iddah and mut’ah maintenance to the ex-wife and to her child who is not
yet mumayyiz who in mother’s care.46 According to Ahmad Fuadi and friends,
although a husband is a prisoner, he is still required to give nafkah to his wife.47
46 Riyan Ramdani and Firda Nisa Syatri, “Penentuan Besaran Nafkah Madhiyah, Nafkah Iddah dan
Mut’ah Dalam Perkara Perceraian Di Pengadilan Agama,” ADLIYA: Jurnal Hukum dan Kemanusiaan
15, no. 1 (March 31, 2021): 37–50, https://doi.org/10.15575/adliya.v15i1.11874.disharmony cannot be
avoided, one of which is the result of neglecting rights and obligations that lead to the breakdown of the
marriage. One of the consequences was the burden on the husband to pay for the madhiyah, iddah, and
mut’ah livelihoods. The wife has the right to request payment of maintenance to the Religious Court if
the husband does not fulll his obligation to provide for his services. This study aims to discuss the legal
basis and considerations of the panel of judges in determining the levels of the amount of madhiyah,
iddah, and mut’ah. This study uses normative juridical research to examine statutory regulations
related to determining the amount of madhiyah, iddah, and mut’ah. The results showed that First. The
basis for determining the amount of income for the former husband is adjusted according to the ability
of the husband as stated in Presidential Instruction No. 1 of 1991 concerning KHI, Law no. 1 of 1974, and
SEMA No. 3 of 2018 Results of the Plenary of Religion point 2 as the renement of SEMA No. 7 of 2012
number 16 and Article 149 letter b of the KHI. In the case of divorce talak (Article 8 number (3
47 Yulmitra Handayani, “Tipologi Pelaksanaan Kewajiban Nafkah Lahir Suami Yang Berstatus Narapidana
Perspektif Hukum Islam (Studi Analisis Interpretasi Teori Qira’ah Mubadalah),” JURIS (Jurnal Ilmiah
Syariah) 19, no. 1 (June 29, 2020): 13–30, https://doi.org/10.31958/juris.v19i1.1882; Mohd Kalam Daud,
Syarifah Rahmatillah, and Retno Wati Yulian, “Persepsi Istri Narapidana Terhadap Pemenuhan Nafkah
Ditinjau Dari Hukum Islam (Studi Kasus Di Kecamatan Kluet Tengah Kabupaten Aceh Selatan),” El-
Usrah: Jurnal Hukum Keluarga 4, no. 2 (December 31, 2021): 387–402, https://doi.org/10.22373/ujhk.
v4i2.7739.also with the issue of responsibility and the husband’s condition to provided. As a prisoner
makes a polemic to be provided obligation of the husband. the loss of independence and restrictions on
movement cant liability, for physically and mentally. Through this research there are can be discussed;
rst, how to implement the obligations of a prisoner’s husband’s conjugal need, and how to understand
of living according to Islamic law views this crucial issue. The aim to nd the burden of conjugal
need status the implication by a husband, which becomes constrained and then as a prisoner. This
study was analyzed using a sociological-empirical approach. The results obtained from this study, there
are three typologies in the implementation of livelihood obligations of husbands who are prisoners in
Rutan Batusangkar; First, implemented with the business going on, and producing. The second is not
implemented, the provision of income is inadequate, and the third is not carried out, the opposite is the
case, the wife always spends her husband during the criminal period. The view of Islamic law in this
Justicia Islamica: Jurnal Kajian Hukum dan Sosial, Vol. 19 No. 1 June 2022
71
CONCLUSION
The divorce tradition of Muslims in Lombok comprises. First, the report of man’s
family to religious personage and society gures regarding divorce. Second,
pecelekan (bringing back the woman to her parent’s home). Third, stopping the
husband’s duty (losing the wife’s rights) in nafkah, such as food, clothes, and
home). Seeing these traditions, the rst tradition is good to be defended and
supported because it brings many benets. In contrast, the second and third
traditions must be eliminated or refused since both are contradictory to al-Qur’an
and adverse to the woman.
Two ways possibly can change the divorce tradition to the Islamic divorce
way. The rst strategy is by socializing the Islamic law incentively to all of
society, from the children to the adult people in the society, from city to village.
Consequently, people will be aware of the dangerous sides of the tradition
contra to Islamic law. The second way is the enthusiastic reaction of all religious
personages and society gures to control women’s rights. People must consider the
advice of religious personage and society gures. People in the village’s society
obey their religious personage and the society gures. The authors are sure both
ways are the best solution to change the traditional contra to Islamic law.
REFERENCES
Abdul Hamid Hakim. Mabadi’ Awwaliyah. Jakarta: al-Maktabah as-Sa’diyah Putra, n.d.
Al-Bukhari, Muhammad Ibn Isma’il Abu ‘Abdullah. Sahih Al-Bukhari. Beirut:
Dar Ibn Kasir, 1987.
‘Asqalani, Ibnu Hajar al-. Bulugh Al-Maram. Vol. III. Beirut: Dar al-Fikr, n.d.
________. Fathu Al-Bari. Vol. IX. Mesir: Maktabah Misr, 2001.
________. Terjemah Kitab Bulughul Maram. Semarang: Karya Toha Putra, 2012.
Azizah, Siti Zahratul. “Pembagian Harta Bersama Akibat Talak Di Luar Sidang
Pengadilan Agama: Studi Kasus Di Desa Mesanggok Kecamatan Gerung,
Kabupaten Lombok Barat.” Master Thesis, UIN Maulana Malik Ibrahim,
2017. http://etheses.uin-malang.ac.id/9346/.
Daud, Mohd Kalam, Syarifah Rahmatillah, and Retno Wati Yulian. “Persepsi
Istri Narapidana Terhadap Pemenuhan Nafkah Ditinjau Dari Hukum Islam
(Studi Kasus Di Kecamatan Kluet Tengah Kabupaten Aceh Selatan).” El-
Usrah: Jurnal Hukum Keluarga 4, no. 2 (December 31, 2021): 387–402. https://
doi.org/10.22373/ujhk.v4i2.7739.
case doesnt contradictions, although other side liability for the husband must be fullled. Islam seen this
with two legal standing, the rst is the obligation to maintain a living on the typology of implementation.
Second, conjugal need obligations fall and become debt to the typology of the implementation of less
and not implemented.”,”container-title”:”JURIS (Jurnal Ilmiah Syariah
Abdullah, Hijrah, & Hery Zarkasih, Criticizing the Muslim Divorce Tradition in Lombok: An Effort to
Control the Women’s Rights
72
Gunarto, Marcus Priyo. “Kriminalisasi Dan Penalisasi Dalam Rangka
Fungsionalisasi Perda Pajak Dan Retribusi.” Master Thesis, Universitas
Diponegoro, 2008. http://eprints.undip.ac.id/18091/.
Handayani, Yulmitra. “Tipologi Pelaksanaan Kewajiban Nafkah Lahir Suami Yang
Berstatus Narapidana Perspektif Hukum Islam (Studi Analisis Interpretasi
Teori Qira’ah Mubadalah).” JURIS (Jurnal Ilmiah Syariah) 19, no. 1 (June 29,
2020): 13–30. https://doi.org/10.31958/juris.v19i1.1882.
Hasan, M. Iqbal. Metodologi Penelitian Dan Aplikasinya. Jakarta: Ghalia Indonesia,
2002.
Katsir, Ibn. Tafsir Al-Qur’an al-Azhim. Mesir: Dar Ibnul Jauzi, n.d.
Muslim, Imam. Shahîh Muslim, Jilid II. Beirut: Dâr al-Kitab al-Ilmiyah, 2006.
Muzakki, M. Harir, Ali Akhbar Abaib Mas Rabbani Lubis, and Anis Hidayatul
Imtinah. “Women and Divorce in Ponorogo, East Java: Responsibility of
The Husband in The Family.” Madania: Jurnal Kajian Keislaman 24, no. 2
(December 31, 2020): 201–12. https://doi.org/10.29300/madania.v24i2.3583.
Nasir, Mohamad Abdun. “Islamic Law and Paradox of Domination and
Resistance: Women’s Judicial Divorce in Lombok, Indonesia.” Asian
Journal of Social Science 44, no. 1–2 (January 1, 2016): 78–103. https://doi.
org/10.1163/15685314-04401006.
Ni’mah, Zulfatun. “Praktik Perceraian Sepihak pada Masyarakat Sasak di Pulau
Lombok.” Asy-Syir’ah: Jurnal Ilmu Syari’ah dan Hukum 51, no. 2 (November
14, 2017): 307–44. https://doi.org/10.14421/ajish.2017.51.2.307-344.
Ramdani, Riyan, and Firda Nisa Syatri. “Penentuan Besaran Nafkah Madhiyah,
Nafkah Iddah dan Mut’ah Dalam Perkara Perceraian Di Pengadilan Agama.”
ADLIYA: Jurnal Hukum dan Kemanusiaan 15, no. 1 (March 31, 2021): 37–50.
https://doi.org/10.15575/adliya.v15i1.11874.
Santoso, Lukman, and Muhamad Fauzi Arin. “Terobosan Hukum Hakim Terkait
Pencabutan Surat Penolakan Perkawinan Dalam Masa Iddah.” Jurnal Yudisial
12, no. 3 (2020): 381–98.
Sari, Alna, Tauk Tauk, and Afrizal Sano. “Kondisi Kehidupan Rumah
Tangga Pasangan Sebelum Bercerai Dan Faktor-Faktor Penyebab Terjadinya
Perceraian.” Jurnal Konseling Dan Pendidikan 4, no. 3 (January 9, 2017): 41–51.
https://doi.org/10.29210/113400.
Sofyan, Tauk, and Muhammad Zaini. “Perceraian Suku Sasak Lombok Nusa
Tenggara Barat.” Jurnal Alasma : Media Informasi Dan Komunikasi Ilmiah 1,
no. 2 (October 1, 2019): 245–60.
Subagyo, Joko. Metode Penelitian: Dalam Teori Dan Praktik. Jakarta: Rineka Cipta,
2006.
Justicia Islamica: Jurnal Kajian Hukum dan Sosial, Vol. 19 No. 1 June 2022
73
Suprapto, S. “Religious Leaders And Peace Building: The Role of Tuan Guru and
Pedanda in Conict Resolution in Lombok – Indonesia.” Al-Jami’ah: Journal
of Islamic Studies 53, no. 1 (June 10, 2015): 225. https://doi.org/10.14421/
ajis.2015.531.225-250.
Syukri, Syukri. “Ikrar Talak Di Luar Pengadilan: Studi Terhadap Pandangan
Tuan Guru Di Lombok.” Disertasi, UIN Sunan Ampel, 2019. http://digilib.
uinsby.ac.id/35679/.
Tahir, Masnun. “Tuan Guru Dan Dinamika Hukum Islam Di Pulau Lombok.”
Asy-Syir’ah: Jurnal Ilmu Syari’ah Dan Hukum 42, no. 1 (2008): 85–115.
Yakin, Nurul. Metode Penelitian. Mataram: IAIN Mataram Press, 2009.
Zaini, Ahmad. “Membentuk Keluarga Sakinah Melalui Bimbingan Dan Konseling
Pernikahan” 6, no. 1 (June 2015): 89–106. https://doi.org/10.21043/
kr.v6i1.1041.
Zuhayli, Wahbah al-. Al-Fiqh al-Islami Wa Adillatuh. Vol. VII. Damsyiq: Dar al-
Fikr, 1985.
