Substansi Sighat Ta’lik Talak Guna Menjaga Keutuhan Rumah Tangga Perspektif Hukum Islam

Abstract

Sighat ta'lik was formulated to protect the wife from the husband's arbitrariness, if the wife is not willing to accept her husband's treatment, the wife can file a divorce suit based on the fulfillment of the conditions for ta'lik talak mentioned at the beginning. The reality is that many divorces are caused by husbands' negligence towards their wives in terms of taking care of them, providing support and respecting women. In this case, the function of ta'lik divorce can be seen which binds the husband's responsibility towards his wife. This research is library research. The approach that researchers use is the statutory approach, which is an approach carried out by analyzing the rules and regulations related to the legal issue. To obtain data, researchers studied existing theories and then analyzed them and linked them to the substance of Sighat Ta'lik Talak to maintain household integrity from an Islamic legal perspective. The research results show that the ta'lik talak agreement is not an agreement that must be entered into at every marriage. However, once the divorce agreement has been agreed, it cannot be revoked. In line with the contents of the sighat ta'lik talak, ta'lik talak in the Indonesian Marriage Laws is also included in the marriage agreement article. The legal implications that can arise are if the husband violates the vow of ta'lik talak, then it can be categorized as a violation, and this violation can be used as a reason for the wife to file a divorce suit with the religious court.