Talak By Husband Outside The Shar'iyah Court (Research Study in Lawe Kongker Village, Lawe Alas District, Southeast Aceh Regency)

Authors

  • Umira Umira Faculty of Law, Universitas Malikussaleh
  • Jamaluddin Jamaluddin Faculty of Law, Universitas Malikussaleh
  • Yulia Yulia

DOI:

https://doi.org/10.29103/micolls.v2i.118

Keywords:

Divorce outside the Syariah Court, Lawe Kongker Village

Abstract

This study aims to determine the factors that cause divorce outside the Syar'iyah Court in Lawe Kongker Village, the legal consequences for ex-husbands, ex-wives and children who divorce outside the Syar'iyah Court and the rights and obligations of ex-husbands to ex-wives who sentenced to divorce outside the Syar'iyah Court. This study uses empirical juridical research methods. This legal research is based on juridical facts that apply in society. The nature of this research is descriptive analytical. The secondary data collection was carried out by literature study and data analysis techniques were carried out qualitatively. The results obtained in conducting research are how the factors that cause divorce outside the Syar'iya Court in Lawe Kongker Village are economic factors, adultery, excessive wife demands and gamblers. The legal consequences for ex-husbands and ex-wives who do divorce outside the Syar'iyah Court are the absence of divorce certificates for ex-husbands and ex-wives as one of the conditions for the next marriage. After the divorce outside the Syar'iyah Court, there is no longer any relationship between the ex-husband and the ex-wife after talak according to the prevailing customs in Lawe Kongker Village.

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Published

2022-12-27