@mastersthesis{digilib69326,
           month = {December},
           title = {REKONTRUKSI TAMKIN SEMPURNA DALAM KOMPILASI HUKUM ISLAM PASAL 80 AYAT (5)},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 22203012038 Husnul Khatimah},
            year = {2024},
            note = {Dr. Siti Jahroh, S.H.I., M. SI},
        keywords = {Tamkin Sempurna, Relasi Nafkah, Rekonstruksi},
             url = {https://digilib.uin-suka.ac.id/id/eprint/69326/},
        abstract = {Marriage in Islam is a sacred relationship that is considered a form of worship and
has the aim of building a household that is sakinah, mawaddah, and rahmah. The marriage
contract is a strong bond that involves rights and obligations between husband and wife, where
the husband is responsible for providing maintenance and the wife serves the husband. The
husband's obligation of maintenance to his wife is based on three aspects: Marriage
(Zaujiyyah), Kinship (Qarabah) and Ownership of Slaves (Milk). In the context of Indonesian
law, Law No. 1 of 1974 emphasizes the husband's responsibility to protect his wife and fulfill
the needs of the household. The Compilation of Islamic Law (KHI) also details obligations
including basic needs and children's education. The obligation to provide for the husband only
comes into effect after the perfect tamkin, which is the wife's permission for intercourse. If the
wife has not achieved perfect tamkin, then the right to maintenance does not apply. Islam
regulates domestic life comprehensively through the teaching of the concept of Qir{\=a}?ah
Mub{\=a}dalah, which emphasizes partnership and cooperation between husband and wife. The
author is interested in examining the reconstruction of perfect tamkin regulations in KHI to
ensure that the rights and obligations of husband and wife can be properly enforced.
The type of research used is library research with an analytical descriptive nature that
uses a normative juridical approach. The data sources used in this research are the
Compilation of Islamic Law, the book initiated by Faqihuddin Abdul Kodir on Qir{\=a}?ah
Mub{\=a}dalah and Roberto M. Unger's book, The Legal Studies Movement as primary sources
and secondary sources in the form of journals, books, legal articles related to the problem.
Data collection conducted by researchers is a document study and then analyzed qualitatively
with the theory of Qir{\=a}?ah Mub{\=a}dalah and Critical Legal Studies.
Nafkah and Perfect Tamkin relations have a close relationship in the context of
marriage, where the fulfillment of nafkah (material needs) and perfect tamkin (emotional and
sexual needs) must be done fairly and with mutual respect. The Qir{\=a}?ah Mub{\=a}dalah approach
emphasizes the importance of equality in the responsibilities of husband and wife, thus
strengthening the relationship and creating a harmonious household. It is important to
reinterpret this article due to weaknesses in fiqh adoption, lack of egalitarian values, and
contradiction with women's human rights. This reconstruction aims to create equitable
relations in marriage, in line with the growing understanding of human rights and gender
equality. Thus, the goals of sakinah, mawaddah, and rahmah in marriage can be better
achieved, respecting both husband and wife as equal partners.}
}