FASAKH NIKAH IS TALAK KHULU ' IN THE PERCEPTIVE OF MUQARANAH MAZAHIB FIL AL-FIQH AND MAQASHID SYARI'AH

Abstract

Fasakh nikah or khulu' is the husband's divorce right which is given to his wife to break away from the marriage bond which is considered to have no benefit. This study is a study of muqaranah mazahib fil al-fiqh. Khulu 'according to the school of Daud al-Zhahiri, Ibnu Hazm represented, argues that the khulu' is the king's divorce (talak that can be reconciled). According to the Hanbali School represented by Ibn Qudamah that khulu‘ is the fasakh of marriage. Strengthened by Imam Ahmad with the argument of the authentic hadith of Ibn Abbas, as well as the opinion of the Shafi'iyyah school. The maqasid syari'ah review of khulu' in marriage with the maqasid Ammah and Khassah approach, then analyzed using circular theory by understanding the meaning of khulu' based on general benefit, then khulu 'is the wife's divorce, because talak can basically arise from the husband referred to as the rights of divorce and also from the wife referred to as divorce divorce or khulu' or fasakh. Then the wisdom of khulu’ is the solution to the incomplete household that is not resolved, so that the wife is not neglected, the law allows the wife of the talak or divorces the husband with the concept of khulu’ or fasakh in the religious court (sharia court), in return for divorce rights for the wife.