Implikasi Hukum Perceraian Tanpa Proses Di Pengadilan Menurut Syariat Islam Dan Hukum Negara

Abstract

Divorce according to Islam is permissible but hated by Allah SWT. The marriage bond is intended to prevent divorce or other reasons that could lead to divorce, which can be carried out outside or in court. Divorce outside of court is valid according to Islamic law, but is not yet valid under state law due to the lack of legal certainty and stipulation. Therefore, it must be carried out through a trial process in a Religious Court (Muslim) or a District Court (non-Muslim).

The purpose of this research is to determine the implications of divorce without a court process, both according to Islamic law and state law, through an empirical qualitative approach, a research method that uses data to collect and analyze the meaning, opinions, or reasons underlying the subject. Empirical is defined as explaining the epistemological theory that considers experience as a source of knowledge.

The results of this research indicate the need to continue efforts to increase public legal awareness regarding divorce without a court process, as it will impact the legal status of both the wife and children.

The conclusion is that divorce can be carried out according to Islamic law or without a court process, and state law through a court process. However, to obtain legal certainty and certainty, divorce should be carried out through a court process.