Pandangan Ulama Tentang Penerapan Ikrar Talak di Depan Pengadilan Agama (Studi Multi Situs Ulama Salafiyah Paculgowang dan Tambakberas Jombang)

Abstract

Basically the imposition of divorce was in the hands of the husband but the husband as head of the household are not authorized to do violence to his wife in the case of divorces wife because according to Islamic Fiqh if the husband had dropped the word divorce the wife , it is said to fall divorce, it is this which relied upon by the scholars - ulma in taking legal , but differ in implementation divorce divorce enshrined in the Act No.1 of 1974 on marriage , as amended . Government Regulation No. 9 of 1975, as amended . Law No. 7 of 1989 on the Religious Courts, jo . Presidential Instruction No.1 of 1991 on the Compilation of Islamic Law (KHI ). In this research, the authors take the problem is : How do you view paculgowang scholars and Tambakberas on the application of divorce pledge in front of the religious courts , and sociological analysis of the views of scholars of Islamic law on divorce in front of the religious courts . The aim of this study was to determine how the views of scholars about the imposition of religious divorce before the court and outside the court religion , and how their opinions concerning the imposition of divorce according to Islamic law sociology .Some of this research is in compliance with the objectives expected by the researcher , in this studythe researchers used a qualitative approach to the type of field research, research. While the data collected in the form of primary and secondary data using interview and documentation . To facilitate the checking of data in checking the validity of the data , researchers used two methods: triangulation and verification is used to check the truth of affirmations religious divorce before a court , that there is more data in the edit , inspected and carefully prepared and organized in such a way that is then analyzed with descriptive qualitative. Based on available data can be analyzed that the scholars paculgowang and Tambakberas still cling to the classical fiqh and less regard for existing law . They must pledge not agree with divorce in front of the religious court , they reasoned divorce can fall anywhere on the court without religion .
 Keywords: Ikrar Talak, Situs Ulama Salafiyah, Hukum Islam