Hakam Sebagai Bagian dari Alternatif Penyelesaian Sengketa Keluarga: Studi terhadap pemikiran Quraish Shihab dalam Tafsir Al-Misbah

Abstract

This article would like to describe the Quraish Shihab model of thought in deciphering verses about family disputes and their correlations with the sending of hakam in QS: An-Nisa: 34-35, which will be used as a legal basis for the dispute resolution process in matters of marriage. In order to achieve this goal, using the library approach, this article wants to answer two important questions, namely how to resolve family disputes in marriage matters according to Quraish Shihab in his Tafsir Al-Misbah, and then, the correlation of sentencing in the dispute resolution process. Indeed, scholars pay attention to the problems of interpretation of the Qur'an, but the focus of this article has not been the attention of the scholars. Therefore, this study is an initial step to explore the problem. This article argues that the resolution of the resolution of family disputes in matters of marriage according to Tafsir Al-Misbah is, that the pious women, those who are cared for and protected by God to carry out their obligations to their husbands, if later they are worried about doing wrong to their husbands then the husband they have to take the steps that the Qur'an has explained that is to leave it, separate it in the place of reclining, and hit it with a painless blow. Furthermore, the correlation between hakam and family disputes can be solved by bringing a mediator from both parties, namely a mediator from the male side and a mediator from the female side