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PANDANGAN TUAN GURU TENTANG TALAK DI LUAR PENGADILAN (STUDI KASUS DI DESA BANYU URIP LOMBOK TENGAH)
The number of cases of talaq outside the Court that occurred in Banyu Urip Village, Central Lombok, lately we have often heard so that it is a very valuable lesson for prospective husband and wife to be able to select and choose a life partner to form a harmonious household that can be well received between the two parties and in the household can get peace. peace and mutual understanding between the two parties as a married couple. And also so that the family concerned can manage conflicts if they encounter a conflict in the future. This study seeks to answer the question of why the practice of talaq outside the Court, what Tuan Guru thinks about the practice of talaq and how the sociology of Islamic law sees the case of talaq outside the Court. In this thesis research, qualitative research is used in the field type and in its nature, namely descriptive and analytical whose primary data is obtained directly from the first source both from individuals and groups, such as the results of observations, interviews and documentation with local Tuan Guru and Talak perpetrators outside the Court located in Banyu Urip Village, Central Lombok. And the secondary data is obtained from books, scientific journals, and previous research. as well as using the theory of knowledge and authority in analyzing Talaq outside the Court according to Tuan Guru and using the Sociology of Islamic Law in understanding or assessing the reality of the local community, especially why Talaq outside the Court can occur. The results of the thesis research are; The teachers do not have a problem with talaq outside the Court, because the talaq pronounced by the husband even though it is outside the Court, the talaq still falls. Referring to the hadith of the Prophet who said tsalaatsun jidduhunna jiddun wa hazluhunna jiddun, an-nikah, wa ath-thalaaq wa ar-raj'ah then because Indonesia adheres to two laws in the matter of marriage and divorce/talaq, namely the law of diyani the law that comes from religion and the law of qodi law that comes from the State or the Government. Then the cause of talaq outside the Court in Banyu Urip Village, Central Lombok. This is due to the lack of intensity of trust between both parties, the lack of harmonization of relations between the two parties and one of the parties cannot get along well with the parents of one of the parties. The authority and charisma that exists in Tuan Guru is used to provide education and learning related to talak mafsadat outside the Court so that the local community knows and no longer performs talaq outside the Court. Then the sociology of Islamic law provides an explanation that what causes talaq outside the Court is because one of the parties abandoned the concept of the Sakinah Mawaddah Warahmah family.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PANDANGAN TUAN GURU TENTANG TALAK DI LUAR PENGADILAN (STUDI KASUS DI DESA BANYU URIP LOMBOK TENGAH) (Text)
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