Perspective Of Islamic Family Law And Traditional Law Regarding Migrant Husbands In Creating A Sakinah Family

Abstract

A sakinah family can be formed if a husband and wife live in the same house and carry out the husband's obligation to earn a living outside the city or abroad, causing the husband and wife to not be able to live in the same house. This research uses descriptive qualitative research with a phenomenological approach. In qualitative research, the data collected is generally in the form of words, images, and mostly not numbers. The data collection uses observation, interview, and documentation techniques, by analyzing the data using data reduction, data display, and drawing conclusions regarding the discussion of customary law within the scope of migrant husbands in creating a sakinah family. Building a sakinah family for migrant married couples, the wives agreed that the element of being willing to leave their husbands to go abroad without breaking the chain of good communication was to always provide news via telephone or video call. The impact of the family on migrant husbands is that the positive impact is that the economy can improve and the income can be met, while the negative impact is that a wife has to harbor longing and the husband's duties at home are automatically replaced by the wife. An analysis of Islamic family law regarding the formation of a sakinah family for migrant husbands is the consideration of greater benefits than the mafsadat caused by the unfulfilled biological needs of wives whose husbands are migrants. In terms of the ability to migrate, because they have carried out their rights and obligations to maintain their religion, maintain their souls, maintain their descendants, and maintain their assets, this is based on an agreement between husband and wife.