Implementation of Maqāṣid al-Syarī'ah in Marriage Regulation in Indonesia

Abstract

Marriage in Islam is not only understood as an outward bond, but also as a sacred institution that has the purpose of preserving offspring, maintaining honor, and realizing peace of life. In the Indonesian context, marriage regulations are regulated through Law Number 1 of 1974 concerning Marriage which was later updated with Law Number 16 of 2019, as well as the Compilation of Islamic Law (KHI). This article aims to analyze the implementation of maqāṣid al-syarī'ah in marriage regulations in Indonesia, especially in the aspects of protecting the rights of spouses, preventing harm, and strengthening family institutions. Using a juridical-normative approach combined with the analysis of maqāṣid al-syarī'ah, this study found that marriage regulations in Indonesia have tried to accommodate sharia principles, such as maintaining religion (ḥifẓ al-dīn), preserving the soul (ḥifẓ al-nafs), preserving offspring (ḥifẓ al-nasl), preserving reason (ḥifẓ al-nasl), preserving reason (ḥifẓ al-d-'Aql), and take care of the treasures (ḥifẓ al-māl). This is reflected in the policy regarding the age limit for marriage, marriage registration, certain marriage prohibitions, and the regulation of the rights and obligations of husband and wife. However, implementation challenges remain, especially in practices at the local level that are often influenced by people's cultural and religious understanding. This article concludes that the synergy between maqāṣid al-syarī'ah and national regulations is very important to realize a harmonious, just, and gender-equitable family in Indonesia.