Penerapan Prinsip-Prinsip Hukum Islam dalam Buku II KUHPerdata: Studi Kasus Perkawinan

The Indonesian Civil Code (KUHPerdata) is a comprehensive legal framework that governs various aspects of civil life, including family law. Book II of the KUHPerdata specifically addresses matters related to marriage, divorce, and family relationships. While the KUHPerdata is based on the Dutch Civil Code, it has been influenced by Islamic law, particularly in the context of marriage. This article delves into the application of Islamic legal principles within Book II of the KUHPerdata, focusing on the institution of marriage as a case study.

The Influence of Islamic Law on Marriage in the KUHPerdata

The KUHPerdata recognizes the importance of religious freedom and allows individuals to choose their own religion. This principle is reflected in Article 2 of the KUHPerdata, which states that "marriage is a legal act that is governed by the law of the religion of the parties." This provision acknowledges the role of religious law in regulating marriage, including Islamic law for Muslim couples.

Key Islamic Principles in Marriage under the KUHPerdata

Several key Islamic principles are incorporated into the KUHPerdata's provisions on marriage. These principles include:

* Monogamy: Islamic law emphasizes monogamy, prohibiting polygamy except under specific conditions. The KUHPerdata reflects this principle by generally prohibiting polygamy, allowing it only in exceptional cases with judicial approval.

* Consent and Free Will: Islamic law stresses the importance of free and informed consent in marriage. The KUHPerdata requires both parties to freely consent to the marriage, ensuring that it is not coerced or forced.

* Equality and Justice: Islamic law promotes equality and justice between spouses. The KUHPerdata recognizes the equal rights and responsibilities of both husband and wife, emphasizing mutual respect and understanding.

* Maintenance and Support: Islamic law obligates the husband to provide financial support and maintenance for his wife. The KUHPerdata incorporates this principle by requiring the husband to provide for his wife's basic needs, including food, clothing, and shelter.

Case Study: The Role of Islamic Law in Marriage Dissolution

The KUHPerdata allows for divorce under certain circumstances, including irreconcilable differences, adultery, and desertion. In cases where the parties are Muslim, Islamic law plays a significant role in determining the grounds for divorce and the subsequent division of property and custody arrangements.

For instance, Islamic law permits divorce based on "talaq," a unilateral declaration of divorce by the husband. However, the KUHPerdata requires that talaq be pronounced before a court, ensuring that the process is regulated and fair. Additionally, Islamic law emphasizes the importance of reconciliation and mediation before resorting to divorce. The KUHPerdata encourages mediation and reconciliation efforts to preserve the marriage whenever possible.

Conclusion

The KUHPerdata's provisions on marriage reflect a blend of Dutch civil law and Islamic legal principles. The influence of Islamic law is particularly evident in the areas of monogamy, consent, equality, maintenance, and divorce. By incorporating these principles, the KUHPerdata aims to ensure that marriage is conducted in accordance with religious values and that the rights and interests of both spouses are protected. The case study of marriage dissolution highlights the practical application of Islamic law within the KUHPerdata framework, demonstrating its role in regulating the process of divorce and ensuring fairness for all parties involved.