INFERTILITAS SEBAGAI ALASAN KHULU’ PERSPEKTIF ULAMA

Arif Marsal

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.



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