Talak By Husband Outside The Shar'iyah Court (Research Study in Lawe Kongker Village, Lawe Alas District, Southeast Aceh Regency)
DOI:
https://doi.org/10.29103/micolls.v2i.118Keywords:
Divorce outside the Syariah Court, Lawe Kongker VillageAbstract
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.
References
Abu Malik Kamal Bin As-Sayyid Salim, 2007, Sahih Fiqh Sunnah, Azzam Library.
Anshary, 2010, Marriage Law in Indonesia, Student Library, Yogyakarta. Bakri A. Rahman, Ahmad Sukarja, 1981, Marriage Law According to Islamic Law, Marriage Law and Civil Law, PT. Hida Karya Agung, Jakarta.
Boedi Abdullah and Beni Ahmad Saebani, 2013, Muslim Family Marriage and Divorce, CV Pustaka Setia, Bandung.
Muhammad Syaifuddin et al, 2006, Divorce Law, Sinar Graphic, Jakarta. Muhammad Hasdi Ash Shiddieqy, 1999, Introduction to Fiqh, PT. Rizki Putra Library, Semarang.
R.Soetojo Pra wiroharmidjojo and Aziz Sofioeddin, 2008, Law of Persons and Families, Alumni, Bandung.
Saidus Syahar, 2002, Marriage Law and Problems in Its Implementation (From the perspective of Islamic law), Arkala, Bandung.
Soemyati, 1986, Islamic Marriage Law and Marriage Law, liberly, Yogyakarta.
Shaykh Hasan Ayyub, 2001, Family Jurisprudence, Al-Kautsar Library, East Jakarta.
Vivi Hayati, 2015, Juridical Impact of Divorce Out of Court (Langsa City Research), Samudra Justice Vol.10, No. 2.
Wahyu Ernaingsih and Putu Samawati, 2006, Indonesian Marriage Law, PT. Rambang Palembang, Palembang.
Yulisa Fitri Etc., 2019, Juridical Analysis of Divorce Outside the Court according to the Marriage Law and According to the Opinion of Islamic Jurisprudence, Vol.7,No. 1.
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