K.H. Hasyim Asy'ari's (1871-1947 AD) Perspective on the Sakinah Family and Its Relevance to the Concept of Islamic Family Law in Indonesia

Abstract

This study aims to describe the indicators of sakinah family formation according to KH. Hasyim Asy'ari and its relevance to the Compilation of Islamic Law (KHI). This qualitative research, in the form of a literature study, uses philosophical norms. The main data source, namely the book Dhau' al-Mishbah fi Bayani Ahkam an-Nikah by KH. Hasyim Asy'ari. Several articles on the KHI are the theory of analysis in this research. The results of the study show that there is a relationship between indicators for the formation of a sakinah family, according to KH. Hasyim Asy'ari with the construction of legal provisions in Compilation of Islamic Law (KHI). First, the indicators of compliance with the legal principles, requirements, and pillars of marriage relevant to KHI Articles 4, 16, 20, and 27. It is just that the view of KH. In the first indicator, Hasyim tends to be textual. This is in contrast to the KHI, which is more contextual. Second, the recommendation indicator in choosing a life partner is relevant to KHI Articles 15, 16, 17, and 61. In this case, the criteria for the recommendation to choose a partner by the KH. Hasyim covers various aspects including religion, physical, lineage, economy, psychological, and social status. Third, the indicator understands the principles of the purpose and benefits of marriage relevant to Articles 2 and 3. Third, the indicator is to build a good partnership in carrying out the rights and obligations of husbands and wives that are relevant to KHI Article 80. However, regarding the duties or obligations of the wife, KH. Hasyim is more detailed than the KHI. The theoretical implications of this research show indicators of the formation of a sakinah family from the viewpoint of KH. Hasyim Asy'ari is relevant and can be the basis for formulas in the development and renewal of Islamic marriage laws in Indonesia. The limitation of this research is that it has not studied in depth the heurmenetic aspects of the construction of the views of KH. Hasyim is related to four indicators of sakinah family formation.