INFERTILITAS SEBAGAI ALASAN KHULU’ PERSPEKTIF ULAMA

Abstract

In the Islamic Compilation Law in Indonesia that poured out in the constitution of the Republic of Indonesia number 1 year 1974, the definition and the aim of the marriage is stated in one article, which is in chapter 1 sets that the marriage is the bond of the inner birth between man and woman as a husband and wife, with the aim as to establish a household, a happy and everlasting family based on the belief of one and only God (KHI, Article 1 Chapter 1). However, the aim of the marriage is not easily to reach in. There are many issues come in that caused on an unsuccessful marriage. Furthermore, one of the issues that impact on the failure of the marriage is a husband’s infertility. Moreover, the present of the child is one of the most noteworthy things in the marriage. Although, having a child is not a compulsory need, it has a big impact on the harmony of the household. That point has an impact on the assertion of the wife to lodge a khulu. That matter indubitable enticing to review from the Islamic law perspective.