Analisis Komparatif Hak dan Kewajiban Suami Istri dalam Mewujudkan Keharmonisan Keluarga: Perspektif Mazhab Syafi’i dan Hukum Positif

Abstract

Rights and obligations of husband and wife in creating family harmony are crucial issues, given the increasing dynamics of household relations that demand a balance of roles between partners from both religious and state law perspectives. This study aims to provide a comparative analysis of how these rights and obligations are regulated under the Shafi'i Madhhab and Indonesian positive law to build a harmonious family. The method used is qualitative research with a normative juridical and comparative approach through library research. The results indicate a convergence in the fundamental vision of harmony through the principle of mu‘asyarah bi al ma‘ruf and the fulfillment of the partners' basic rights. However, there are differences in emphasis where the Shafi'i Madhhab focuses on the husband's role as the sole leader (Qawwam) and maintenance (nafaqah) as a debt, whereas positive law prioritizes the principle of equal partnership. The implementation of rights and obligations from both perspectives contributes as a "legal fence" in the household, although fulfilling normative aspects still requires the support of interpersonal communication and role adaptation responsive to the dynamics of modern times.

Keywords: Rights and Obligations of Husband and Wife, Family Harmony, Shafi'i Madhhab, Indonesian Positive Law.