Rekonstruksi Konsep Tamkin Sempurna dalam Pasal 80 Ayat (5) KHI Perspektif Maqasid Abdullah bin Bayyah

The Compilation of Islamic Law is the material basis for Panel Judges in deciding cases Religious Courts. However, substantive content KHI still needs to be reviewed. One them problem perfect tamkin as cause husband's obligation support his wife Article 80 paragraph (5) KHI. meaning contained this phrase classified abstract, thus giving birth various interpretations judges, even though essence handled tend same. Therefore, study aims determine weaknesses and reconstruct review it from Abdullah bin Bayyah's maqasid perspective. method used normative qualitative using primary legal material. Methods data collection documentation. This research resulted in: (1) article found that must addressed, namely: a) incomplete adoption fiqh opinions; b) substance which leads applicability general; c) judges' vary causes confusion nature. (2) reconstructing article, elaboration needed between interpretation fuqaha judge. In order find a formula regarding definition tamkin, its indicators, conditions earn living. review, was sukut al-syari' belongs al-wasilah ila al-maqsad al-tabi'i