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REKONTRUKSI TAMKIN SEMPURNA DALAM KOMPILASI HUKUM ISLAM PASAL 80 AYAT (5)
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 Qirā’ah Mubādalah, 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 Qirā’ah Mubādalah 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 Qirā’ah Mubādalah 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 Qirā’ah Mubādalah 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.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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