Pendekatan Mashlahah Mursalah Terhadap Konsep Siyasah Syar’iyah Dalam Khi: Pembatasan Usia Nikah, Persetujuan Mempelai Dan Orang Tua, Dan Sanksi Pelanggaran

Abstract

This study examines the application of the concept of siyāsah shar‘iyyah in the Compilation of Islamic Law (KHI) through the perspective of maṣlaḥah mursalah, with a focus on four main issues: the minimum age requirement for marriage, the mechanism of marriage dispensation, the requirement of mutual consent between the bride and groom, parental consent for prospective spouses under the age of 21, and sanctions for violations of marriage provisions. The research employs a normative juridical approach with qualitative analysis through a literature study, encompassing both primary and secondary sources. The findings indicate that the implementation of the minimum marriage age and other administrative requirements in the KHI can be considered valid under Islamic law as long as they meet the criteria of maṣlaḥah mursalah: ḍarūriyyah (essential), qaṭ‘iyyah (definitive), and kulliyyah (universal). This policy aligns with the objectives of maqāṣid al-sharī‘ah in safeguarding religion, life, intellect, lineage, and property. However, the flexible practice of granting marriage dispensations and the lack of uniform understanding among the public pose challenges that may undermine the intended benefits of the policy. This study recommends strengthening regulations and enhancing public education to ensure the implementation of marriage law that is just, beneficial, and consistent with the principles of Islamic law.