Interpretasi Asas Mempersulit Perceraian dalam Perspektif Hukum Islam

Abstract

Marriage, as a facilitator of tranquility, affection, and mercy, may encounter serious challenges influenced by various reasons. When conflicts escalate within a household, Islam provides a solution through divorce or "talak." Despite the majority of Indonesian society viewing the pronouncement of talak as a sign of marriage dissolution, in reality, divorce is considered official only after a decision by the Religious Court in accordance with applicable regulations. This study employs a literature review method, focusing on collecting literary data and adopting a conceptual approach. The researcher details aspects of the law in Law No. 1 of 1974 related to the validity of talak in court according to Islamic law in Indonesia. Perspectives on divorce in Islam and the Marriage Law emphasize the necessity of implementation with consideration, justice, and responsibility. The primary objective of this research is to provide a comprehensive overview of the principle of complicating divorce and the validity of talak in court. The findings in this paper reveal that Islamic law, through Thalaq, regulates divorce with clear limitations, emphasizing the importance of administering Allah's law justly. The Marriage Law in Indonesia leads to complex procedures, including reconciliation efforts at the Religious Court before divorce. These regulations reflect awareness of the well-being and justice for all parties involved. The principle of complicating divorce in the Religious Court aims to encourage wise decisions, consider mutual interests, and ensure compliance with Islamic legal norms, creating a better understanding of Islamic law and Sharia with positive implications for society.