Institutional Repository UIN Sunan Kalijaga YogyakartaPROBLEM KOMUNIKASI DAN DAMPAKNYA TERHADAP FENOMENA PRAKTEK PERCERAIAN DI PENGADILAN AGAMA YOGYAKARTANIM.: 23203012097Siti Umi Kalsum S.Ag.authorDivorce is a socio-legal phenomenon that is becoming increasingly complex in contemporary Muslim families, especially in urban areas such as Yogyakarta. The increase in divorce cases in the Yogyakarta Religious Court shows that domestic conflicts are no longer solely triggered by economic factors, infidelity, or violence, but also by protracted communication problems. Although poor communication is not explicitly mentioned as a reason for divorce in legislation, in practice the parties often cite communication problems as the reason or cause for filing for divorce. This study attempts to examine the legal stance of judges in resolving divorce petitions based on communication issues. Clearly, this study also looks at the legal basis and considerations of judges in responding to petitions and examines the legal stance in assessing, interpreting, and constructing the dynamics of domestic communication as a legal basis for divorce. This research is field research with an empirical legal approach and is qualitative in nature. Data was obtained through in-depth interviews with judges at the Yogyakarta Religious Court, studies or analyses of divorce rulings filed on the grounds of communication problems. Data analysis was conducted descriptively and analytically using interpersonal communication theory to identify patterns and failures of communication within households, as well as legal discovery theory to explain the process of interpretation, construction, and concretisation of norms carried out by judges in deciding divorce cases. This study shows that communication problems can act as a trigger for couples to file for divorce in the Religious Court. Judges of the Yogyakarta Religious Court regard communication problems as a substantive factor that triggers ongoing disputes and quarrels. The judges do not position poor communication as an independent legal ground; rather, they qualify it as a series of recurring conflicts that signal the breakdown of the husband–wife relationship and the loss of any possibility of reconciliation. Second, this study finds that judges’ legal stance in granting divorce petitions based on communication problems is generally grounded in Article 116 of the Compilation of Islamic Law (KHI), the Qur’an, and principles of Fiqh that emphasize the existence of continuous disputes. This legal stance is considered relevant and aligned with the interpretation that the collapse of communication elements indicates a structural and ongoing dysfunction in the marital relationship. Through the process of legal reasoning and discovery, judges construct communication failure as an indicator of a broken marriage, thereby viewing divorce as a legally just solution.297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)2026-01-30UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARIAH DAN HUKUMThesis

For work being deposited by its own author: In self-archiving this collection of files and associated bibliographic metadata, I grant Institutional Repository UIN Sunan Kalijaga Yogyakarta the right to store them and to make them permanently available publicly for free on-line. I declare that this material is my own intellectual property and I understand that Institutional Repository UIN Sunan Kalijaga Yogyakarta does not assume any responsibility if there is any breach of copyright in distributing these files or metadata. (All authors are urged to prominently assert their copyright on the title page of their work.)

For work being deposited by someone other than its author: I hereby declare that the collection of files and associated bibliographic metadata that I am archiving at Institutional Repository UIN Sunan Kalijaga Yogyakarta) is in the public domain. If this is not the case, I accept full responsibility for any breach of copyright that distributing these files or metadata may entail.

Clicking on the deposit button indicates your agreement to these terms.