Konsep Rujuk dalam Hukum Islam dan Implementasinya dalam Undang-Undang Perkawinan di Indonesia

Abstrak

This study aims to analyze the concept of rujuk (marital reconciliation) in Islamic law and its implementation within the Indonesian marriage law system. In Islamic jurisprudence, rujuk refers to the husband’s act of restoring the marital relationship after a revocable divorce (talaq raj‘i) during the iddah period without requiring a new marriage contract. However, within the framework of Indonesian positive law, rujuk is constructed as a legal event that must be officially recorded at the Office of Religious Affairs (KUA) or the Religious Court in order to obtain legal recognition. This research employs a normative legal method using statutory, conceptual, and comparative approaches by analyzing Islamic legal sources, Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law, regulations on rujuk registration, and journal articles published in the last five years. The findings reveal that while Islamic law and Indonesian regulations conceptually agree on the permissibility of rujuk, discrepancies exist in the administrative dimension, resulting in diverse practices in society, including the persistence of unregistered rujuk. Such practices create legal uncertainty that particularly affects women's rights related to financial support, the legitimacy of children, and civil protection. This research concludes that the ideal implementation of rujuk in Indonesia must comply with both Islamic requirements and state administrative registration to ensure legal certainty and family welfare.