TALAK DI LUAR PENGADILAN ( STUDI FATWA MAJELIS PERMUSYAWARATAN ULAMA ACEH NO 2 TAHUN 2015 )

Nurma Audina, S.H., NIM.: 19203012031 (2023) TALAK DI LUAR PENGADILAN ( STUDI FATWA MAJELIS PERMUSYAWARATAN ULAMA ACEH NO 2 TAHUN 2015 ). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Divorce is something that is permissible but very hated by Allah SWT because the consequences of divorce will not only be experienced by the husband and wife, but children and extended family will also feel it. In contrast to the rules in classical fiqh, Law Number 1 Year 1974 makes divorce easier and no longer considers that divorce is included in the private sphere, but makes divorce matters included in the public sphere managed by the Court. The various rules regarding divorce contained in the Marriage Law were felt to narrow the issue of divorce for the people of Aceh, which led to pressure on the Acehnese ulama to clarify the existing rules in sharia. This gave rise to fatwa No. 2/2015 on divorce, which explains that divorce conducted outside the court and without witnesses is valid. The fatwa was issued by the Aceh Ulema Consultative Assembly (MPU) which aims to answer the legal differences that occur in society. So the author is interested in exploring the factors that cause the nonnormative reasons for the Aceh Ulama Consultative Assembly (MPU) to allow Acehnese people to divorce outside the court. This research is qualitative in nature and the type of research is field research. This research was conducted by collecting data and information from the General Chairperson, Deputy Chairperson of the Aceh Ulema Consultative Assembly (MPU) regarding the background of the divorce. This research was conducted by collecting data and information from the General Chairman, Deputy Chairman of the Aceh Ulema Consultative Assembly (MPU) regarding the background of the formulation of Fatwa Number 2 of 2015 concerning Talak, to then be studied and analyzed using supporting elements in juridical-empirical research as well as information from the community as perpetrators of divorce outside the Court and local KUA headmen, to see the effect of the fatwa in society. The results of this study indicate that the non-normative reasons for the Aceh Ulema Consultative Assembly (MPU) to formulate the fatwa were motivated by several factors, namely from the geographical aspect of Aceh, where Aceh's territory is very wide and the community is spread to the islands, where access to the mainland is very difficult to reach. From a historical perspective, the concept of divorce formulated in the fatwa of the Aceh Ulama Consultative Assembly (MPU) was born from the community's concern about the dualism of laws that emerged. From an economic point of view, the lower middle class is a group that does a lot of divorce outside the court, because of the cost and long time in the divorce process. Sociologically, it can be seen that the birth of this fatwa cannot be separated from the legal rules of divorce that are ingrained in the people of Aceh and the birth of this fatwa only strengthens the habits of the community.

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