ASIMETRI HAK PERCERAIAN DALAM KHI: TINJAUAN GENDER DAN HAK ASASI MANUSIA

Abstract

This article examines the asymmetry of divorce rights in the Indonesian Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) from the perspectives of gender and human rights. The KHI grants husbands the normative right to pronounce divorce (?al?q), while wives may only access divorce through judicial proceedings by filing a lawsuit and fulfilling specific legal requirements. This legal arrangement creates an imbalance in the legal position of spouses within marriage. This study employs normative legal research with statutory, conceptual, gender, and human rights approaches. The findings indicate that the asymmetry of divorce rights in the KHI results in gender injustice and potentially conflicts with the principles of equality before the law and non-discrimination, as guaranteed by the Indonesian Constitution and international human rights instruments, particularly the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Therefore, this article argues for the necessity of reforming Islamic family law through a reinterpretation of divorce regulations that emphasize substantive justice, gender equality, and human rights protection while remaining consistent with Islamic values.