REINTERPRETASI HUKUM PERCERAIAN DALAM KOMPILASI HUKUM ISLAM (KHI) DAN MAQASID SYARIAH

Analisis Filosofis Hifz An-Nasl

Abstract

Divorce in Indonesia is legally regulated and adjudicated through the Religious Courts (Pengadilan Agama), which provide a formal procedural framework for the dissolution of Muslim marriages. Despite this institutional arrangement, divorce rates remain persistently high, indicating that the realization of maslahah oriented toward hifz al-nasl (the protection of lineage) continues to face serious challenges. Formal legality alone does not ensure that the objectives of Islamic law are achieved, particularly where children bear the consequences of marital dissolution. This study analyzes the original legal status of talaq through the lenses of justice and public benefit, reassesses the divorce provisions of the Compilation of Islamic Law (Kompilasi Hukum Islam, KHI), and examines the post-divorce impacts on children. It employs a descriptive qualitative design that combines statutory analysis, case-law analysis, and a review of the maqasid al-shariah literature. The findings show that current divorce practices remain largely formalistic, with procedural compliance taking precedence over substantive protection, and give insufficient attention to intergenerational protection. The study therefore suggests that divorce regulation and adjudication should be reoriented toward maqasid al-shariah, so that the protection of children and future generations becomes an explicit consideration in legal reasoning and practice.