PLURALITAS PEMAHAMAN MASYARAKAT MUSLIM YOGYAKARTA TENTANG PERCERAIAN

Asyharul Muala, NIM.: 20300011007 (2025) PLURALITAS PEMAHAMAN MASYARAKAT MUSLIM YOGYAKARTA TENTANG PERCERAIAN. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Divorces conducted outside the court create a condition of liminality. While legally valid under Islamic law, such divorces are not recognized by the state, potentially disadvantaging one party. The pluralistic nature of divorce laws in Indonesia leads to varied public perceptions of divorce. This study aims to analyze the understanding of divorce among Muslim communities in Yogyakarta, the influence of state laws and fiqh (Islamic jurisprudence) on public perception, and the factors reinforcing this pluralistic understanding. This research employs a socio-legal approach. The author collected data through interviews with 31 informants across Yogyakartaand relevant documents on Indonesia’s divorce laws. The data were analyzed using a conceptual framework developed based on Peter L. Berger’s social construction theory and Khaled Abu el Fadl’s theory of legal authority. The findings reveal that, first, there are three primary understandings of divorce within Muslim communities in Yogyakarta: (1) Santri (devout Muslims) view divorce as an absolute right of the husband that does not require court proceedings; (2) urban Muslims believe divorces must occur in court; (3) traditional Muslims consider a marriage dissolved when one or both spouses leave the home indefinitely due to conflict. Second, the study finds that fiqh dominates the understanding of Muslims in Mlangi, while formal law holds greater legal certainty among Muslims in Kotagede. Meanwhile, Muslims in Saptosari tend to disregard both and adhere to local customs. Third, the diversity of understanding and attitudes of society towards divorce is influenced by several factors. First, religious figures play an significant role in shaping the views of society: santri adhere to fiqh, urban communities prefer formal legal channels for their rational approach, and traditional communities adopt simpler resolutions. Second, fear of social stigma leads some individuals to avoid formally declaring divorce, thereby risking their rights, such as maintenance during the ‘iddah (waiting) period. Third, Social constructs, educational backgrounds, and economic conditions further contribute to this diversity. Higher education correlates with greater access to formal legal resources, while less-educated individuals are more tradition-bound. This diversity reflects the interaction of social, cultural, religious, and legal factors

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