Rujuk dalam Kompilasi Hukum Islam (KHI) Perspektif Maslahah Mursalah

Abstract

This study has two main objectives, namely to understand the recording of reconciliation contained in the Compilation of Islamic Law (KHI) and to explore the analysis provided by KHI regarding reconciliation from the perspective of maslahah mursalah. This type of research is library research with a normative-juridical approach. Based on the findings of the analysis, it can be explained that: Recording of Reconciliation, in the Compilation of Islamic Law has included provisions by the Regulation of the Minister of Religion of the Republic of Indonesia Number 3 of 1975, that the obligations of marriage registrars and procedures that must be followed by the Religious Court in implementing existing regulations in the field of marriage for adherents of Islam. Reconciliation listed in the Compilation of Islamic Law is included in the category of maslahah mursalah, because reconciliation is needed in community life so that marriages can be re-registered at the marriage registrar's office. This, seen from the level of maslahah, includes maslahah hajjiyah, maslahah al-tsabitah, and maslahah al-ammah. Meanwhile, reconciliation in KHI is in line with the concept of maslahah mursalah, namely avoiding harm and bringing good, namely preventing divorce and restoring remarriage.