Legal Analysis of Silent Treatment Behavior and the Concept of Al-Hajr in Marital Relationships

<p><em>Silent treatment</em> in marital relationships is rarely recognized as a violation of the law, but in fact this behaviour can be categorized as emotional abuse, if it is proven to cause severe psychological distress. This act is almost the same as the concept of <em>al-Hajr </em>in the perspective of Islamic law. This study aims to examine the impact and characteristics of <em>silent treatment</em>, as well as its relevance to the concept of <em>al-Hajr </em>in an Islamic law. The research method used was normative, with a descriptive comparative approach, which include data sources from laws, interpretation books, and other relevant literature. The results of the study confirm that the concepts of <em>al-Hajr </em> and <em>silent treatment</em> in domestic relationships are very different, both in terms of definition, purpose and timing. In the context of <em>nusyūz</em>, <em>al-Hajr </em>is used as an educational measure with the aim of improvement. In contrast, <em>silent treatment</em> is generally carried out without reasons or objectives. Thus, this study clarify the misconception that Islam permits <em>silent treatment</em>, as it permits the concept of <em>al-Hajr</em>, which has a basis in Sharia law, while <em>silent treatment</em> is a form of injustice that is not taught in Islam.</p>

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Publication Details

Journal
Al-Qanun.
Published
2025-10-02
DOI
https://doi.org/10.58836/al-qanun.v6i2.26027
Primary Topic
Islamic Finance and Banking Studies
Type
article
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article

Legal Analysis of Silent Treatment Behavior and the Concept of Al-Hajr in Marital Relationships

R N, Farida Prima Pratista, Laksani Ciptaning Tyas
Al-Qanun.
Islamic Finance and Banking Studies
article

Legal Analysis of Silent Treatment Behavior and the Concept of Al-Hajr in Marital Relationships

R N, Farida Prima Pratista, Laksani Ciptaning Tyas
article en

Abstract

<p><em>Silent treatment</em> in marital relationships is rarely recognized as a violation of the law, but in fact this behaviour can be categorized as emotional abuse, if it is proven to cause severe psychological distress. This act is almost the same as the concept of <em>al-Hajr </em>in the perspective of Islamic law. This study aims to examine the impact and characteristics of <em>silent treatment</em>, as well as its relevance to the concept of <em>al-Hajr </em>in an Islamic law. The research method used was normative, with a descriptive comparative approach, which include data sources from laws, interpretation books, and other relevant literature. The results of the study confirm that the concepts of <em>al-Hajr </em> and <em>silent treatment</em> in domestic relationships are very different, both in terms of definition, purpose and timing. In the context of <em>nusyūz</em>, <em>al-Hajr </em>is used as an educational measure with the aim of improvement. In contrast, <em>silent treatment</em> is generally carried out without reasons or objectives. Thus, this study clarify the misconception that Islam permits <em>silent treatment</em>, as it permits the concept of <em>al-Hajr</em>, which has a basis in Sharia law, while <em>silent treatment</em> is a form of injustice that is not taught in Islam.</p>

Al-Qanun.Vol. 6(2)
The University of Sydney (AU), Universitas Negeri Surabaya (ID)
Openalex Percentile: Top 60%
Islamic Finance and Banking Studies
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