KEABSAHAN TALAK DI LUAR PENGADILAN (STUDI PENDAPAT MAHASANTRI MA’HAD ALY KRAPYAK YOGYAKARTA TAHUN 2020)

Isna Fiqiani, NIM.: 20103050104 (2024) KEABSAHAN TALAK DI LUAR PENGADILAN (STUDI PENDAPAT MAHASANTRI MA’HAD ALY KRAPYAK YOGYAKARTA TAHUN 2020). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Divorce is the dissolution of the marriage bond by pronouncing the word "talak" by the husband to his wife. According to Islamic jurisprudence, marriage will end if the husband pronounces talak to his wife, whether directly or by analogy. Meanwhile, according to Marriage Law No. 1 of 1974, it is stated in Article 39 Paragraph 1 that divorce can only be carried out in court after the court attempts to reconcile both parties and fails to do so. The issue raised in this thesis is regarding divorce outside the court, in which there is a difference between conventional Islamic law and the Marriage Law, viewed from the perspective of Ma'had Aly Krapyak Yogyakarta students in 2020. This research uses field research with a normative approach. Data collection techniques include interviews and observations. The analysis used is qualitative analysis with an inductive method, aiming to collect data and then analyze it to make decisions. The theory used in this research is the theory of Maslahah Mursalah. The essence of this theory is the public interest not regulated by Sharia law and not prohibited or rejected by Sharia law. Based on the research conducted, it is concluded that the content of Article 39 Paragraph 1 of the Marriage Law aims to complicate divorce due to the numerous cases of arbitrary divorces that create many new problems such as the lack of legal certainty and protection, the neglect of the rights of children and wives after divorce, and inheritance issues. Considering the opinions of Ma'had Aly students, the majority agree with the provision of establishing talak by arguing using Maslahah Mursalah. However, there are also students who disagree with the provision of establishing talak, arguing that it is not regulated in conventional fiqh provisions and that talak is the absolute right of the husband.

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