The Failure of the Realization of Maqāṣid al-Nikāḥ as a Reason for Divorce in Contemporary Households

Abstract

Divorce is a family law issue that reflects the non-achievement of marital goals and is influenced by various legal, social, and relational factors. This study aims to analyze maqāṣid al-nikāḥ as a benchmark for household success and evaluate the suitability of the reasons for divorce in Indonesia's positive law with the substantive goal of marriage. This study uses normative legal methods with a statutory and conceptual approach. Data were collected through literature studies on laws and regulations, Compilation of Islamic Law (KHI), and relevant literature, then analyzed descriptive-analytically. The results of the study show that maqāṣid al-nikāḥ can be used as an evaluative framework to assess the success and failure of the household through the achievement of peace (sakinah), affection (mawaddah wa rahmah), fulfillment of the rights and obligations of husband and wife, family protection, and sustainability of benefits. The reasons for divorce in Indonesian positive law have basically accommodated most of these dimensions through concrete juridical indicators, such as constant disputes and quarrels, neglect, and violations of marital obligations. However, maqāṣid al-nikāḥ has not been explicitly formulated as an integrative framework in regulating the grounds for divorce. This study confirms that the integration of the perspective of maqāṣid al-nikāḥ can strengthen the interpretation of divorce law that is oriented towards justice and benefit. Therefore, it is necessary to strengthen substantive considerations based on the purpose of marriage in the examination of divorce cases, without overriding legal certainty, protection of the rights of the parties, and applicable legal provisions.