times, and in all places; and (Ibn ‘Asyur, 2001) those
precepts dependent upon human contingencies and
social context, particularly as they relate to conditions
in the Jahiliya (pre-Islamic) period in Arabia (Salem,
1984). Al-H{adda>d argues that for a better
understanding of the book (the Qur'an), and his
central thesis is the importance of historical context.
Similarly, Asghar Ali Engineer distinguishes between
statements in the Qur’an which are normative and
those who are contextual(Engineer, 1992).
Furthermore, Ismail Faruki gave different names
with the same basis: ethics and casuistic-cosmic (al-
Faruqi, 1962);John L. Esposito with ethico-religious
and socio-economic (Esposito, 1982);Abdul Aziz
Sachedina (Sachedina, 2003) with thick and thin
norm; Masdar F. Mas‘udi used Us}u>l al-Fiqh term,
qat}‘i> and muh}kamât for normative, while z}annî
and juz’îyah for contemporary (contextual) (Mas'udi,
1997).
The characteristics of each are then explained
further by Masdar F. Mas‘udi:the characteristics of
normative nashare that the content is universal,
principle, fundamental, and not depend on a specific
context; time, place, situation, and such. The
characteristics of temporal nash, on the other hand, is
that the content is stated in detail, applicable
andpracticable, and the application is depended on a
context: time, place, situation and such. In other
words, a temporal law is applicable in daily life
(practical law [
]).
The grouping of texts by a number of scientists
mentioned above can be seen as clearly out of sync
and not in line with the method of Islamic renewal.
Herein lies the importance of the grouping carried out
in this paper, namely grouping the nash into
deconstructive text and reconstructive text. Although
the characteristics of deconstructive text are similar to
normative texts and reconstructive texts are similar to
the temporal nash, but with deconstructive and
reconstructive distinctions in accordance with and in
line with the method of renewal brought by Islam.
The second basis why is important to group the nodes
to be deconstructive and reconstructive related to the
method of understanding texts; which is different
between deconstructive nash and reconstructive one.
The method of understanding deconstructive text is
first to formulate the law in accordance with the
context; times and circumstances, to achieve the goal
of law. While reconstructive text is done by searching
first what the purpose of the law is. Then after
knowing the purpose of the law, then the law is
formulated in accordance with the context. So the
method of formulating a deconstructive text is just
one step, while reconstructive text takes two steps.
Furthermore, the characteristics of the
deconstructive and reconstructive nash are similar to
those presented by Masdar F. Masudi. Based on these
characteristics, the Nash who governs family life,
especially the nash that governs the relationship of
husband and wife, generally is classified in
reconstructive nash. Nash referred to is as follows.
First, that men have inheritance rights more than
double inheritance rights of women, as mentioned in
al-Nis’ (4): 11. Secondly, that male testimony is
equal to twice the female testimony, as mentioned in
al-Baqarah (2): 282. Third, that the husband seems to
have an absolute right of divorce, while the wife is
not, as can be concluded from al-Baqarah (2): 226-
231. Fourth, that there are different treatments to
respond to inappropriate behavior by the husband or
wife, where if the wife is indecent, the remedial step
is given a warning, even if the warning does not
succeed, a husband can hit his wife as mentioned in
al-Nis’ (4): 34, while a violating husband is
encouraged a husband and wife to be reconciled, as
mentioned in al-Nis’ (4): 128. It is even explicitly
mentioned in the Quran that husbands have a surplus
of one degree compared to wives, as mentioned in Al-
Baqarah (2): 228, and the husband has the status of a
leader (qawwm), as mentioned in al-Nis’ (4): 34.
Al-Nis’ (4): 11, Allah has ordained for you about
(your inheritance for) your children. Namely: the
share of a boy is equal to two daughters. Al-Baqarah
(2): 282, And testify with two witnesses from the men
among you). If there are no two men, then (may) a
man and two women from the witnesses you are
pleased with, so that if someone forgets then another
person reminds him. Al-Nis’ (4): 128, And if a
woman is worried about nusyuz or an indifferent
attitude from her husband, then there is no reason for
both of them to hold true peace, and peace is better
(for them) even though man is miserly in character,
and if you hang out with your wife well and take care
of yourself (from nusyuz and indifference), then
verily Allah is the Knower of what you do. Al-
Baqarah (2): 228, And women have equal rights to
their obligations according to a meaningful way. But
husbands have one level of strength over their wives.
The reason why the quality of husband and wife
in household life has not been achieved, and the right
to justice for the wife is not guaranteed in the daily
reality, are found five actors. The first actor is a
religious teacher; teachers in formal and informal
institutions. The second actor is the speaker and / or