Muhammad Husni Abdulah Pakarti, Wahyudi Wahyudi, Ah. Fathonih, Fauzan Ali Rasyid, Husain Husain

The Construction of Islamic Law on Marriage: A Normative Study of Rights, Harmony, and Its Limits

Introduction

The construction of islamic law on marriage: a normative study of rights, harmony, and its limits. Delve into Islamic marriage law: its pillars, rights, obligations, and prohibitions. Understand its vital role in family harmony, justice, human rights, and modern legal contexts.

Abstract

Marriage in Islam is a social and spiritual institution that has a strong legal dimension. Islamic law regulates marriage comprehensively, starting from the pillars and conditions, objectives, to the annulment of marriage. Understanding the concept of Islamic marriage law is very important to ensure the continuity of family life in accordance with Islamic law and moral values. This research uses a qualitative-descriptive approach with a library research method. Data were collected through a review of primary and secondary sources, such as the Qur'an, hadith, classical and contemporary fiqh books, as well as Islamic legal literature and relevant legislation, including the Compilation of Islamic Law (KHI). It was found that the law of marriage in Islam includes five kinds of laws based on individual conditions: obligatory, sunnah, permissible, makruh, and haram. A valid marriage according to Islam must fulfill five main pillars, namely the prospective husband, prospective wife, guardian, two witnesses, and ijab qabul. The rights and obligations of husband and wife are regulated proportionally to maintain family harmony. Islam also establishes prohibitions on marriage in order to maintain the sanctity of the relationship and accommodate the resolution of household conflicts through divorce, khulu', and fasakh. The concept of marriage law in Islam emphasizes the importance of justice, responsibility, and protection of the human rights of each partner. These values have high relevance in the dynamics of modern life and become a strong normative foundation in the formation of a sakinah, mawaddah, wa rahmah Muslim family. In addition, the flexibility of Islamic law in responding to social situations makes it relevant to be applied in pluralistic national and international legal systems.

Review

This paper proposes a normative study on the construction of Islamic marriage law, detailing its foundational elements, objectives, and mechanisms for maintaining familial harmony. Through a qualitative-descriptive approach utilizing extensive library research, the author draws upon primary and secondary sources, including the Qur'an, hadith, classical and contemporary fiqh, and relevant legislation like the KHI. The abstract effectively conveys the comprehensive scope of the research, positioning Islamic marriage as a multi-dimensional institution with significant legal, spiritual, and social implications. The topic holds considerable relevance, particularly in understanding how traditional Islamic jurisprudence navigates modern societal dynamics. The research systematically outlines the core tenets of Islamic marriage law, identifying the five classifications of marriage based on individual circumstances, the five essential pillars for a valid union, and the proportional regulation of spousal rights and obligations designed to foster harmony. It further addresses critical aspects such as marriage prohibitions for sanctity, and mechanisms for conflict resolution including divorce, khulu', and fasakh. A significant strength lies in the explicit emphasis on justice, responsibility, and the protection of human rights inherent in Islamic marital principles, highlighting their continued relevance in contemporary contexts. The concluding assertion regarding the flexibility of Islamic law and its applicability within pluralistic legal systems underscores the potential for its continued dynamism. While the abstract provides a robust descriptive overview, the title's promise of examining "The Construction" of Islamic law and its "Limits" could benefit from further explicit articulation within the abstract. The current description primarily focuses on *what* the law is, rather than delving into the jurisprudential processes, interpretive debates, or historical evolution that *constructed* these norms. Similarly, "Limits" are addressed through prohibitions and conflict resolution mechanisms, but the abstract could clarify if these refer exclusively to internal legal limits or also to potential limitations or challenges in its application within diverse modern contexts, particularly when discussing its "flexibility." Expanding on these aspects would further strengthen the paper's analytical depth beyond its commendable descriptive breadth.

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