<p><strong>Abstrak:</strong> Baiknya pondasi sebuah rumah tangga secara tidak langsung berpengaruh terhadap jatuh bangunnya sebuah negara, dan sebaliknya rusaknya pondasi sebuah keluarga berpengaruh terhadap merosot dan berkembangnya sebuah negara. Beberapa tahun belakangan ini jumlah permintaan gugat cerai istri terhadap suami mengalami peningkatan terutama dari isteri yang berkarir. Penelitian ini melihat permasalahan yang dibangun dengan menggunakan pendekatan kualitatif fenomenologis untuk melihat dan memahami faktor perceraian wanita muslimah berkarir di kota Medan berdasarkan fenomena, fakta dan data yang peneliti temui di lapangan. Berdasarkan temuan penelitian didapat bahwa untuk menegakkan konsep ideal sebuah keluarga sangat sulit untuk dilakukan pada masa sekarang. Kondisi perkawinan sekarang sangat berbeda dengan masa dahulu dalam pemaknaan relasi suami isteri. Dahulu pernikahan memiliki posisi sangat sakral, pernikahan dianggap sebagai ibadah, sehingga orang takut untuk bercerai, karena cerai dianggap aib dan dosa.</p><p><strong>Abstract:</strong> <strong>Women Prosecute: A Study of Divorce in Careered-Muslim Women in Medan City</strong>. The good foundation of a household indirectly affects the rise and fall of a country, and vice versa, the damage to a family’s foundation affects the decline and development of a country. In the last decade, the number of divorce petition against husbands has increased, especially from careered-wives. This paper attempts to study the problems using a phenomenological qualitative approach to thoroughly comprehend the factors of divorce of careered-Muslim women in Medan city based on the phenomena, facts and data that researchers encountered in the field. This study finds that to enforce the ideal concept of a family is not an easy task to do at present. The current condition and perception of marital tie within the society is very different from the past. At the early stage of development of human history, marriage were regarded as inherent in religious observance, and thus, people were reluctant to divorce since it was a disgrace and sin.</p><p><strong>Kata Kunci:</strong> gender, feminisme, cerai, wanita karir, Muslimah</p>

The sect of group and movement of radicalism, intolerance and violent extremism have emerged in the last decades in various parts of Indonesia as concern in the issue of religious moderation. The religious moderation discourse initiated by the Ministry of Religion in 2019 as mainstream target in anticipating the group who acts of violence in the name of religion. The city of Medan in North Sumatra, which has long been inhabited by people with diverse backgrounds of religions, ethnicities, cultures and languages, they can live together in a pluralistic way. This article discusses the role of mosques in maintaining harmony in plurality and tolerance in diversity. By using a qualitative methodology, through interviews and observations, this article presents several findings the role of mosques in maintaining religious moderation in Medan City. The data from four mosques as the location and place of informan object study. The result of the research first, the role of the Al-Mashun mosque in conveying of tolerance in social life has existed since was founded in 1909 (the era of the Deli sultanate). Second, the historical heritage became the next basic capital in preaching in several other mosques. The views and practices of da'wah are a) Tolerance in following various sect of thought even though the Shafi'i sect as mainstream. b) Different Islamic organizations as member and followers such as: Muhammadiyah, NU, Al-Washliyah etc. c) Dakwah content material is able to adapt in Islamic modern view. d) Dakwah concept of "lakum di nukum waliyadin" in a moderate way in order to live among people with different religious. The role of mosques in maintaining moderate and adaptive Islamic traditions in changing times through the delivery of da'wah materials is able to maintain religious plurality and tolerance in the city of Medan to this day.

<p>Unregistered divorce cases, i.e. -the divorce without wife’s consent as well as court’s trial- is still widely founded in society. The provisions stipulate that the divorce can only be valid if declared in front of the courtroom. This is as contained in article 39 of the Marriage Law No. 1 of 1974, which states that: Paragraph 1. Divorce can only be decided by an authorized court session but after the Court in concerned has tried and failed to reconcile the two parties; Paragraph 2. In order the divorce can be executed, there must be sufficient reasons, of which the husband and wife are not more able to live in a marriage as husband and wife in harmony. Paragraph 3. The detail of procedure for divorce before a court session is regulated in its own statutory regulations.<br />Unregistered Divorce has caused many problems, including a). No marital status or, exactly, illegal perceived relation between husband and wife. This, in the next, generates problem when they separate with the fact that the husband committed to unregistered marriage usually just go and leave without permission of his ‘perceive’ family. How can the husband be brought to court to force him to pay the cost for Living of his ‘perceived’ wife and children. Other problem is about the legal status of his ‘perceived’ children. It is very often that the pairs of unregistered marriage avoid their obligations as parents since both parties are now in quarrelling. And least but not less is the existence of violence and abuse against wives and families.</p>

<p><em>Nushūz means a wife do anything against her husband for no reason that can be accepted by Islamic law (wife nushūz), or husband does not carry out its obligations as stipulated in Islamic law (husband nushūz). This article intends to analyze the concept of nushūz according to Islamic law in the perspective of Fakhr al-Dīn al- Rāzī in his Qur’anic commentary (tafsīr). It also discussed about the solutions of nushūz according to the Qur’an. Based on the study of sura al-Nisa verse: 34, 35, and 128 that nushūz can be done even by the wife or the husband. When problems of nushūz already potentially shiqāq, it is advisable to appoint a ḥakam (mediator), both from husband’s families and wife's families.</em></p><p><em><br /></em></p><p><em>Nushūz berarti seorang istri melakukan perbuatan yang menentang suami tanpa alasan yang dapat diterima oleh hukum Islam, atau sebaiknya suami tidak menjalankan kewajibannya sebagaimana ketentuan hukum Islam. Artikel ini bermaksud untuk menganalisis konsep nushūz menurut hukum Islam dalam perspektif Fakhr al-Dīn al-Rāzī dalam kitab tafsirnya. Selain itu juga dibahas tentang bagaimana tawaran solusi nushūz menurut al-Qur’an berdasarkan kajian terhadap surat al-Nisā’ ayat 34, 35, dan 128 bahwa nushūz bisa dilakukan oleh istri maupun suami. Ketika permasalahan nushūz<br />sudah mengkhawatirkan sehingga berpotensi shiqāq, maka dianjurkan untuk mengangkat seorang ḥakam (mediator), baik dari keluarga suami maupun keluarga istri.</em></p>

The Indonesian Marriage Law Act Number 1/1974, and the Compilation of Islamic Law (KHI) regulate the constitutional law of polygamous marriage in Indonesia. The act states that the basic principle of marriage in Indonesia is monogamy. The act also says that the husband must show evidence telling his ability to fulfill his family needs. The study on these issues conducted in Indonesia is a part of the Indonesia Islamic family law. The neglected protection of the child’s rights in a family needs to be escorted through imposing the rules concerning it. This study aims to find out the implementation of the protection of child rights in Islamic law on polygamous marriage. This research employed a qualitative method with a socio-legal study case approach. The result of the study showed first, there is always a problem in the matter of the child’s rights that should be fulfilled by polygamist fathers that have to be protected. Second, the rights of children in polygamous marriage cannot be fulfilled equally especially in unrecorded polygamous marriages. Third, there is uncertainty in the marriage law related to the maturity of children who are still under the protection of parents, where this uncertainty will make it difficult to implement the law. Basically, the protection of children in polygamous marriages has been regulated in the Islamic Marriage Law in Indonesia. However, there are still many gaps in Islamic legal protection in child protection in polygamous marriages, plus there are still many people who do not comply and ignore it.