THE USE OF SADD AL-DHARI’AH ON CONTEMPORARY ISLAMIC FAMILY LAW IN INDONESIA: CONCEPT AND PRACTICE

Abstract

This study analyzes the application of sadd al-dharīʿah in the provisions of Islamic family law in the Indonesian Marriage Law No. 1 of 1974 and Compilation of Islamic Law (KHI). Sadd al-dharīʿah is a method to establish the prohibition of certain actions due to their potential of incurring an action with greater harm (mafsadah). This qualitative library study employs the descriptive analytical method. The Indonesian Marriage Law and KHI are the primary sources, whereas secondary data come from, among others, texts on maqāṣid al-sharī'ah, uṣūl fiqh, and fiqh. Content analysis is used to make inferences by highlighting themes methodically and objectively. The findings show that both the Marriage Law and KHI, which serve as the main references for Religious Court judges and as positive laws for all Muslim Indonesian citizens, have indirectly adopted sadd al-dharīʿah. This can be seen in clauses related to current marriage issues, such as restrictions on age of marriage and consent for polygamy.