Divorce Wife Against Husband During The COVID-19 Pandemic (Research Study At The Bireuen Syar'iyah Court)

Abstract

This study aims yo find out and analyze the legal arrangements for divorcing te wife against her husband during the Covid-19 pandemic from the aspect of Civil Law, Islamic law, the Civil Code and to find out and the purpose of divorce from the wife against her husband in terms of the Criminal Code. The type of research used to answer these problems is juridical-empirical law research using an empirical approach. Data was collected through interview studies and field research. The data analysis used was qualitative analysis. The results showed that the wife's divorce against her husband during the Covid-19 pandemic was the result of economic factors, infidelity and domestic violence. Divorce is a marriage that breaks up as an application submitted by the wife to the Religious Court, which then the respondent (husband) approves, so that the Religious application is the intended application. In Article 39 paragraph (1) of Law no. 1 of 1974, explains that divorce can only be done before the court after the court concerned has tried and failed to reconcile the two parties. Divorce is interpreted as separating or breaking up the relationship as husband and wife. So "divorce" is a word that refers to the circumstances of the meaning of the word "divorce". So it can be understood that in a divorce, what is broken is the relationship as husband and wife, therefore both are no longer allowed to hang out with husband and wife in general. Divorce is the beginning of the destruction in the household caused by the couple themselves and from the many disturbances from other parties. The results obtained indicate that the factors that cause divorce are economic, infidelity and domestic violence. This is what causes divorce.