Ratio Legis Penetapan Jumlah Uang Iwad Dalam Sighat Taklik Talak Dalam Hukum Positif Dan Hukum Islam

Abstract

In the Compilation of Islamic Law, Iwad is a condition for the validity of a khuluk. (Article 1 KHI). Sighat taklik divorce has been determined by the "Decree of the Minister of Religion No. 411 of 2000 concerning Determining the Amount of Iwad Money in the Series of Sighat Taklik Divorces for Muslims" in the amount of Rp. 10,000. If you look at the amount of iwad money, it is very small and also irrelevant if it is applied today, Money was worth Rp. 10,000 in 2000, which is very valuable, and dowry is still minimal in comparison to now. In theory, it is appropriate, but in terms of the amount of Iwad that applies to society today, adjustments are needed. The purpose of this study is to examine the legal ratio of determining the amount of iwad money in Islamic law and the decision of the Minister of Religion No. 411 of 2000 regarding the determination of the amount of iwad money in the series of sighat takik talak. The findings of this study are expected to be useful as a resource for readers interested in learning more about iwad in sighat taklik talak violations. This normative juridical research (normative legal research method) uses statutory, conceptual, historical, and philosophical approaches. Sources of primary legal material are in the form of the Decree of the Minister of Religion 411 of 2000 concerning Determination of the Amount of Iwadh Money in the Sighat Taklik Talaq Series for Muslims, the Compilation of Islamic Law (KHI), and materials of Islamic law including the Al-Quran, Hadith, and Ulama consensus. Secondary sources of legal material in the form of books, scriptures, legal journals, and other relevant and credible written works support the completeness of the data used in this research. The results of this study indicate that: the legal ratio of the Decree of the Minister of Religion Number 411 of 2000 includes several elements; philosophical elements that are in accordance with the ideals of the nation, namely promoting public welfare because iwad money is used for the benefit of social worship; the sociological element of the Decree of the Minister of Religion Number 411 of 2000 was made based on the condition of society in 2000, which is considered less relevant to use today; and the juridical element, namely by considering the previous Minister of Religion Decree, which was considered no longer relevant to the situation in 2000. The legal ratio for determining the nominal iwad in Islamic law uses the illat theory, namely, by analogizing the word "willingness" in the translation of QS An-Nisa: 29, which discusses willingness to buy and sell. There is no legal basis in Islam that clearly provides a nominal amount of iwad money, so in this case, iwad money according to Islamic law is based on the willingness of both parties.