Book Review “Hukum Perkawinan Islam Sebagai
Panduan Membina Rumah Tangga”
UMAR HARIS SANJAYA
AUNUR RAHIM FAQI
Anugerah Akbar Yudha Adistian (222121079)
Universitas Islam Negeri Raden Mas Said Surakarta, Indonesia
Abstract:
In the Qur'an and the Sunnah of Prophet Muhammad SAW, provisions related to the life between husband and wife within the household are emphasized. Based on and referring to these two sources, Islamic legal scholars (fuqahâ') formulate more detailed, practical, and systematic rules, which are contained in jurisprudence books, and are also discussed in exegesis books by commentators (mufassirîn). Discussions about the relationship issues between husband and wife by Islamic legal scholars are categorized into several parts or subsections. These sub-discussions include the conditions and pillars of marriage, principles of marriage, objectives of marriage, rights and obligations of husband and wife, marriage guardianship, dowry, maintenance, guardianship rights, and the freedom of women to marry, polygamy status, conflict resolution, parent-child relationships (father and mother), child custody, and the like. This discussion is known as the jurisprudence of Munakahat or the Law of Marriage or Family Law.
In the 20th century, efforts to reform family law (marriage, divorce, and inheritance) emerged in countries with Muslim-majority populations. The result of these reform efforts emerged in the form of codification. For example, Turkey did so in 1917, Egypt in 1920, Iran in 1931, Syria in 1953, Tunisia in 1956, Pakistan in 1961, and Indonesia in 1974.
In Indonesia, the reform of Islamic Marriage Law was carried out with the enactment of Law No. 1 of 1974 concerning Marriage, although previously Law No. 22 of 1946 had been enacted, and its jurisdiction expanded to cover the entire Indonesia with Law No. 32 of 1954, namely the Law concerning the Islamic Marriage, Divorce, and Reconciliation. However, this Law only regulates administrative issues, namely registration. Meanwhile, material reforms were made with the enactment of Law No. 1 of 1974 concerning Marriage. The presence of Law No. 1 of 1974 was followed by the issuance of its implementing regulations, Government Regulation (PP) No. 9 of 1975 concerning the Implementation of Law No. 1 of 1974, which was then followed by the issuance of regulations by the Minister of Religion (Menag) and the Minister of Home Affairs (Mendagri). For Muslims, it is regulated in Minister of Religion Regulation (Menag) No. 3 of 1975 and No. 4 of 1975, which were later replaced by Menag Regulation No. 2 of 1990. For those of other religions, it is regulated in the Minister of Home Affairs Decree (Mendagri) No. 221a of 1975, dated October 1, 1975 concerning the Registration of Marriages and Divorces at the Civil Registry Office.
Reform of family law in the 20th century emerged as a response to significant social and cultural changes. This reflects an effort to introduce rules that are relevant and consistent with the needs of modern society.
