Causes Of Divorce Research Articles

The Influence of Attachment Styles On Marital Satisfaction On A Wife Who Has Been Cheated

Infidelity is the main cause of divorce in West Java, which harms individuals, especially wives who are victims of infidelity. In response to infidelity, wives are more likely to react with intense emotions that tend to last a long time, and it is easier to recall the incident, thus requiring more attention. The subjects of this study were 55 individuals whose wives were aged 18-40 years and had experiences of being cheated on and domiciled in the city of Bandung. This study aimed to describe the effect of Attachment Styles on the Marital Satisfaction of wives who had been cheated on in Bandung. The research method used is quantitative. The measuring instrument used to obtain individual Attachment Styles is The Experience in Close Relationships-Revised (ECR-R) Questionnaire, which consists of 36 items referring to the theory of Bartholomew and Horitz and consists of 36 items. The measuring instrument used to obtain the degree of individual Marital Satisfaction is ENRICH MARITAL SATISFACTION, compiled by Olson & Fowers (1993), consisting of 15 items with 4 answer choices. Subjects in this study will be given both questionnaires. After that, the results of the two questionnaires will be analyzed using a simple regression method. The results showed that attachment style strongly influences and can predict 31% of marital satisfaction in wives cheated on.

The Importance of Economic Factors As The Cause of Divorce In The Tulungagung Religious Court

Relate to the number of cases handled by the Tulungagung Religious Court which is dominated by divorce cases. There are two types of divorce, namely talak divorce and contested divorce. Where in this divorce case the divorce case is dominated by the plaintiff being the woman (wife) and the man (husband) as the defendant. The research method used is a qualitative descriptive research method, by explaining and describing the problem through the facts obtained in field research at trials and mediation. The results of this study are to focus on the background or causes of divorce in the November 2022 case at the Tulungagung Religious Court. The causes that dominate this divorce case are constant quarrels and disputes, leaving one party, and economic factors.

THE MISUSE OF SOCIAL MEDIA AS A CAUSE OF DIVORCE AT THE MAJENE RELIGIOUS COURT (STUDY OF FIQH AND SOCIAL MEDIA)

Abstract
 Misuse of social media is one of the leading causes of divorce in the digital era. This study explain how the misuse of social media causes divorce in the study of fiqh and social media. This study used qualitative descriptive research. The data sources were from the judges of the Majene Religious Court, relevant books and articles. The results show that social media is one of the places that causes nusyuz or disobedience which is shown by changes in the partner’s attitude (infidelity) then continues into syiqaq whisch is a dispute between the couple, while in the study of social media, there is a relationship between cognitif dissonnance theory and virtual space that can cause divorce if the elements of attitude, perception and behaviour are not interconnected. For example, husbands who are often angry for no reason and commit violence even commit infidelity by uploading intimate photos with other woman on social media which are commented on by virtual communities both supporting or blaspheming
 Keywords: Misuse, Divorce, Fiqh, Social Media 
 

MELACAK PENYEBAB PECERAIAN DI KOTA LHOKSEUMAWE: SEBUAH PENELITIAN FENOMENOLOGI HUKUM ISLAM

This article examines the causes of divorce in Lhokseumawe, Aceh which is known for its strong Islamic cultural tradition. The research method uses the principles of the phenomenological research paradigm. Primary data was obtained from the results of ethnographic interviews with actors or perpetrators because the focus of this research was directed at tracing the causes and effects of divorce from the perspective of the perpetrators or actors. While secondary data is several kinds of literature related to the research focus. The results showed that several factors cause divorce, namely; differences in character between partners, failure to understand each other, and husband's sexual behavior disorders. The impact of divorce can befall the child and each partner, especially the psychological impact. Similarly, the impact of divorce for couples who already have children with those who do not. For couples who already have children, the impact is wider and inner. Furthermore, efforts to form a divorce can be carried out with several recommendations, First, every couple who will get married must know their potential partner well to their sexual behavior, Second, build a shared commitment about where to go and the desired family model. Third, mutual trust, respect, and support. Fourth, provide good service to partners. Fifth, do not let the small problems that arise in marriage in a long time. Sixth, avoid third-party intervention. Seventh, building a sakinah family requires not only the unity of body and soul but also the same place to live.

Revitalizing the Family Education Environment: Integrating the Values of Memayu Hayuning Bawana in Saparan Culture

This study is based on a description of Indonesian family profile data as reflected in the results of the Inter-Census Population Survey (2015) which shows that Indonesian families are not that severe or vulnerable. In 2016, there were actually fewer married couples than in 2013. but increased slightly until 2018. On the other hand, the number of divorces continues to increase. This means that the number of families separating due to divorce in Indonesia is increasing. Divorce data shows that more and more families experience shocks to their family ties every year. More than 400,000 families experienced this shock in 2018. This is a very serious issue and must be addressed immediately. The most common cause of divorce was long-term arguments or arguments (44,8%), followed by financial problems (27,17%), domestic separation (17,55%), domestic violence (2,15%), and consumer lifestyle Alcohol (0,85%). Therefore, this research is a cultural study using semiotic analysis (semiotics), that is, the study of symbols in social life, that is, the study of how symbols are generated and used in society. The result of this research is to provide the target community with cultural symbols and signs that represent the values that memayu hayuning bawana adhere to and still practice in their lives. In conclusion, the cultural values of memayu hayuning bawana are effective in strengthening the resilience of Javanese families

PERCEIVED PROXIMATE AND UNDERLYING DIVORCE CAUSES IN HAZARA DIVISION, PAKISTAN

Divorce remains one of the most severe social issues in any society because divorce is an integral component of an elementary social institution of the family. Besides, divorce rates are drastically increasing worldwide, including in Pakistan. Therefore, this study is to identify perceived proximate and underlying causes of divorce in the Hazara Division, Pakistan. The pragmatic research approach and snowball sampling were employed to recruit 75 male and female divorcees. Moreover, data was collected through a self-administered questionnaire and analysed using IBM SPSS 25 through descriptive statistics and logistic regression analysis. The divorcees recognised prominent proximate causes of divorce, including personality traits of spouses, poverty, spending or handling money carelessly by the spouse, and infertility. In comparison, media addiction, relationship traits, the role of families and friends, infidelity, and domestic violence were identified as distinguished underlying drivers behind the divorce. The logistic regression analysis results indicate that the age and work status of the divorcee or his/her spouse and the number of children significantly impact distinct foundations for divorce. The study concluded that among numerous other causes, media addiction is prominently giving rise to many inconsistencies in married life, leading to divorce. Keywords: Proximate and underlying causes, Divorce, Gender, Hazara Pakistan, Socioeconomic factors, Pragmatic Approach

Divorce Claims Raised by an At-Fault Spouse - Especially in the Cases on Grounds under Article 840 Subparag. 6 of the Civil Act -

대법원은 민법 제840조 제6호 사유를 원인으로 하는 재판상 이혼 사건에서도 유책배우자의 이혼 청구는 허용되지 않는다는 원칙을 고수하면서도 그로 인한 가혹한 결과를 피하기 위해 유책성 형량의 법리, 혼인 계속 의사의 법리, 유책성 약화의 법리, 유책성 상쇄의 법리 등을 통해 예외적으로 유책배우자의 이혼 청구를 허용해 왔다. 하지만 이러한 예외 법리들은 혼인상 의무 위반행위 후에 발생한 후발적 사정들을 고려함으로써 이혼 가능성에 대한 당사자들의 예측 가능성을 해치고, 오히려 무책배우자를 이혼 재판에 반복적으로 노출시킨다는 점에서 유책주의의 순기능을 무력화시키는 약점이 있다. 대법원이 2022. 6. 16. 선고한 총 4건의 판결은 민법 제840조 제6호 사유 존부, 유책성 형량, 혼인계속 의사 여부, 유책성 약화 여부를 판단함에 있어서 모두 상대방 배우자가 원만한 혼인생활 유지를 위해 노력할 의무를 이행하였는지 여부를 고려할 것을 요구함으로써 유책배우자의 이혼 청구가 허용될 수 있는 예외적 사안인지에 대해 ‘상대방 배우자의 노력의무 위반’이라는 일관된 기준을 확립하였다. 객관적 기준 정립을 통한 예측가능성 확보라는 점에서는 나름의 의미가 있으나, 이로써 사실상 혼인관계가 파탄된 경우라면 유책배우자의 이혼 청구가 손쉽게 인용될 수 있는 길이 열리게 되었다. 이러한 상황에서 굳이 유책배우자의 이혼청구에 대해 원칙적 금지-예외적 허용이라는 태도를 유지할 필요가 있는지 의문이다. 본 논문은 이러한 관점에서 유책배우자의 이혼청구에 관한 기존 판례와 최근 판례들 간의 모순ㆍ중첩 상황을 분석하고, 6호 사유를 파탄주의적으로 해석하는 것만으로도 사실상 현재의 복잡한 법리를 적용하는 것과 동일한 결과에 도달할 수 있음을 논증하고자 하였다.The Supreme Court still adheres to the principle which does not grant a divorce claim by at-fault spouse even on grounds of causes for divorce under Article 840 subparag. 6 of the Korean Civil Act. A divorce claim by at-fault spouse may only be granted as an exception when it falls under one of the doctrines of faults-balancing, the intent to maintain the marriage, faults-weakening or faults-offsetting. However these exceptions undermine the predictability of the parties in the divorce cases by considering the circumstances which occurred after the violation of marital obligations, and make the innocent spouses exposed to divorce trials repeatedly, so hardly useful to protect them. Recently, the Supreme Court sentenced a total of four rulings on the same day and established one and consistent criteria of ‘duties to make efforts’ for this issue. It would be clearly helpful in securing predictability through the objective standards, but it also opens the wide gate for granting a divorce claim by at-fault spouses in the case the marriage relationship is irreconcilably broken. Therefore it seems to be no reason to maintain the principle of prohibition from divorce claims by at-fault spouses as well as the complex doctrine of exceptions for them. This paper is written from this point of view for analyzing the contradiction and overlap between the recent four rulings and the precedents for divorce cases by at-fault spouses and proving that we can reach the same conclusion whether we manage to apply the current legal doctrines for exceptions or we dare to accept the Article 840 subparag. 6 as no-fault divorce grounds.

Machine learning survival analysis on couple time-to-divorce data

Marriage life does not always last harmoniously and occasionally can lead to divorce. The trend for the last three years since 2019 shows that divorce cases in Palangka Raya occur with a fluctuating trend that has recently been increasing. This research used a machine learning method called Survival Support Vector Machine on the divorce dataset in Palangka Raya. This research developed a feature selection technique using backward elimination to determine the factors influencing the couple’s decision to have their divorce registered in the religious court. The backward elimination method yielded the variables contributing to divorce: the number of children, the defendant's occupation, the plaintiff's age at marriage, the cause of divorce, and the defendant's education. Based on the comparison of the survival model performance between the Cox proportional hazard and the Survival Support Vector Machine, it was found that the latter was better since it had a higher concordance index and hazard ratio, which were 61.24 and 0.54, respectively. Thus, 61.24% of divorce cases were classified precisely by SUR-SVM in terms of the time sequence of events. Moreover, the hazard ratio of 0.54 indicated that the divorce rate of couples with censored status was 0.54 times than that of couples with failed/endpoint status.

ANALYSIS OF JUDGES' DECISIONS REGARDING DIVORCE CASES WITH DIGITAL EVIDENCE IN THE SAMARINDA RELIGIOUS COURT

<p><em>The legal force of digital evidence submitted by litigants in divorce hearings in religious courts is the background for this research. The method used in this study is normative legal research with a normative analytical juridical approach to judges' decisions in divorce cases as the object of research. So that researchers can answer problems by conducting literature research from relevant legal sources.The judge's consideration in deciding the case is in the law relating to Marriage, the stages of the trial procedure, the legal basis of the case, the legal basis for evidence, the legal basis for the reason or cause of divorce, and the legal basis for the authority of the judge. Meanwhile, the position of digital evidence itself as one of the evidence of confessions that is stamped and used by the judge as the main case for the cause of divorce.The judge did not use Law No. 11 of 2008 on electronic information on digital evidence but focused on Jurisprudence which gave birth to rules on the examination of divorce on the grounds of Article 19 letter (f) of Government Regulation No. 9 of 1975 jo Article 116 of the Compilation of Islamic Law, where the doctrine that must be applied in divorce cases is not "Matri Monial Guilt" but "Broken Marriage" or precisely the outbreak of the household "Az-Zawwaj Al-Maksuroh" so that the court does not focus on whose faults are the triggers for the dispute, but emphasizes the condition of the household itself.</em></p>

DIFFERENCE OF DIVORCE DETERMINATION IN INDONESIA: A STUDY SYSTEMATIC LITERATURE REVIEW

The divorce rate is getting more and more concerning. The number of divorce rate shows a significant increase both nationally and regionally in Indonesia. During 2019, there were 480,618 divorce cases. This divorce rate increased by 18% compared to the previous year which amounted to 408,202 cases. This paper aims to determine the determinants of divorce in Indonesia, using a Systematic Literature Review of 20 journals published by indexed publishers. The results based on the mapping state that the differentiation of the determinants of divorce in Indonesia very much depends on each region. However, all of them can be mapped into 16 factors that cause divorce, namely: economic factors, responsibility, continuous quarrels, harmony, infidelity, domestic violence, jealousy, leaving a partner, forced marriage, apostasy/leaving Islam, drunkenness and gambling, obstructed communication, interference/third party intervention, incompatibility, unhealthy polygamy, and moral crisis. The conclusion of this study is that the strongest determinant of divorce in Indonesia in each region is the economic factor. Economic factors are the strongest factor causing divorce, because the cause of divorce in almost all areas with the highest frequency and the highest percentage is also compared to other causes of divorce.

A survey of lasting marriages among husbands and wives in Malaysia

Recent statistics have shown the increasing trend of divorce cases among Malay Muslims in Malaysia. Past research has focused on marriage satisfaction and the quality of the relationship in marriages. However, there is limited research on the factors that contribute significantly to a long-lasting marriage, particularly among the Malay Muslim community. This paper aims to share the initial findings to explore the strength of relationships in a lasting marriage among Muslim Malay couples in Malaysia. This paper adopts a qualitative approach. The study conducts an extensive literature review to find out some of the causes of divorce and factors that improve a long marriage. The findings indicate that three main considerations in the choice of a spouse are religion, responsible character good mannerisms and race. Age, looks and job are the least considered factors that account for the sustenance of marriage.
 Keywords: Counselling; lasting marriage; love marriage; personality.

Perceraian Era Pandemi Covid-19

During the COVID-19 pandemic, divorce cases in the city of Tangerang experienced an increase. In particular, this paper aims to identify how high divorce cases occurred during the pandemic, but also to analyze the factors/conditions that led to an increase in divorce cases based on the results of religious court decisions regarding divorce. This study uses a qualitative approach with a descriptive analytical approach that utilizes data sourced from scientific articles in Google Scholar, Garuda, Sinta and journals managed by various institutions. The understanding of divorce in marriage according to the Islamic point of view is the last door when there is no way out to solve problems that occur in the household. And in article 39 of the marriage law it is explained that divorce can only be carried out in front of a court session and not with a court decision. The divorce rate in Tangerang City throughout 2021 is 3,545 cases. This figure has increased by about 14 percent compared to 2020 with 3,041 cases. In 2020 the highest cause of divorce is economic with 6,001 cases, and in 2021 the highest cause of divorce is disputes and quarrels with 2,026 cases. This increase in divorce certainly results in several impacts, such as psychological weakness in children, traumatic events, changes in roles and status, to difficulty adjusting. The government needs to pay special attention to increasing divorce cases by optimizing mediation by religious courts.

Maqasid Al-Shari'ah perspectives in solution of divorce cases for early marriage

This study aims to analyze the causes of divorce for early marriage, judges' considerations in deciding divorce cases for early marriage based on Islamic law, which refers to the maqasid al-shari'ah perspective, and the impact of divorce due to early marriage —conducted this research at the Religious Court of Bonê Regency with the participants consisting of senior judges, junior judges, and the community taking care of divorce at the Bonê Regency religious court. The research method used is descriptive qualitative with research instruments are observation sheets and interview guidelines. The sampling technique used is purposive and accidental sampling. The basis for using purposive sampling is to determine the perception of the Religious Courts determined based on predetermined criteria and accidental sampling, which is used to conduct interviews with people who happen to be carrying out divorce arrangements at the Religious Courts of Bonê Regency. The number of samples set in this study was 10 people with analytical techniques referring to the concepts and theories of Miles and Huberman. The results showed that the dominant factors causing divorce in the study areas were cases and leaving a partner. The judge's considerations in deciding cases have referred to maqashid al-shari'ah.

RECONCILIATION AS AN EFFORT TO FORM A PEACEFUL (SAKINAH) FAMILY IN ISLAMIC LAW REVIEW

In a marriage life, of course, there are some problems that trigger disputes, such as economic problems, emotions, heredity or education. These problems become the cause of divorce between husband and wife. At the time of divorce, the wife is still in the period of iddah and that time can be used by her husband to refer back to himself. Therefore, this paper aims to know the opinion of imam madhhab about reconciliation, to know the problems that cause divorce, and to know the wisdom of reconciliation and the peaceful (sakinah) family.The method used in this study uses literature research or research called Library research, namely research of various reading materials, such as scientific journals, books, dan written works others related to the problems studied namely about refer as an effort to form a peaceful (sakinah) family in Islamic law review.The discussion of the scholars differs on the validity of a husband who wants to reconcile to his wife who is being accused of minor divorce (Talaq Raj'i) with deeds. Some allow (validate) the reconciliation, some validate but the intention should be clear and some do not validate at all reconciliation with deeds, but ones should recite it sarih (clear) and kinayah (satire). Regardless and differences of opinion, it would be nice if the implementation of refer enabled to give the opportunity to the husband and wife to repair the relationship that has been cracked, so that they can be whole again into a family that is sakinah, mawadah, warahmah as a goal and marriage without the intention to hurt their partner again.Keywords: reconciliation, sakinah family, and Islamic law

RECONCILIATION AS AN EFFORT TO FORM A PEACEFUL (SAKINAH) FAMILY IN ISLAMIC LAW REVIEW

In a marriage life, of course, there are some problems that trigger disputes, such as economic problems, emotions, heredity or education. These problems become the cause of divorce between husband and wife. At the time of divorce, the wife is still in the period of iddah and that time can be used by her husband to refer back to himself. Therefore, this paper aims to know the opinion of imam madhhab about reconciliation, to know the problems that cause divorce, and to know the wisdom of reconciliation and the peaceful (sakinah) family.The method used in this study uses literature research or research called Library research, namely research of various reading materials, such as scientific journals, books, dan written works others related to the problems studied namely about refer as an effort to form a peaceful (sakinah) family in Islamic law review.The discussion of the scholars differs on the validity of a husband who wants to reconcile to his wife who is being accused of minor divorce (Talaq Raj'i) with deeds. Some allow (validate) the reconciliation, some validate but the intention should be clear and some do not validate at all reconciliation with deeds, but ones should recite it sarih (clear) and kinayah (satire). Regardless and differences of opinion, it would be nice if the implementation of refer enabled to give the opportunity to the husband and wife to repair the relationship that has been cracked, so that they can be whole again into a family that is sakinah, mawadah, warahmah as a goal and marriage without the intention to hurt their partner again.Keywords: reconciliation, sakinah family, and Islamic law

The Factors and Detrimental Impact Of Parent Divorce

Divorce becomes a reality in life even though neither husband and wife want this problem to occur. This study aims to find the causes of divorce and the impact of divorce on children. The research method used is the literature review method or a method that does not use the field method but uses a variety of existing literature in the library and sources from articles. Data collection is done by directly collecting scientific articles from empirical research, recording findings, and analyzing each finding. At the same time comparing the findings of previous studies. The results showed that divorce did not occur immediately but there were triggers including economic problems and environmental problems. The troubled economy will also affect disharmony in the household because it is related to meeting needs. Money is not everything but money is needed to buy basic needs when basic needs are not met continuously it can lead to divorce. Coupled with the infidelity between a husband and wife with another person who becomes the third person, it triggers conflict and leads to divorce. The impact on children is that children do not get love, motivation to learn can be low, sad, lonely, and learning achievement decreases. Although there are children who are increasingly enthusiastic in the midst of the problems they are experiencing

The Influence of Parental Divorce on Children’s Character Development

This study aims to investigate the impact of parental divorce on children’s character development in a city in Indonesia. This used a case study qualitative method. Data was collected through direct observation, and in-depth interviews with divorced parents, children, and religious court staff. Written materials were also analyzed to find out the divorce cases handled at the city religious court. This study found that the causes of divorce are included economic limitation, domestic violence, betrayal, and longer conflict. The impact of the divorce on children’s character development included unstable children’s emotions, such as stress and mental pressure, dropping out of education, decrease children’s confidence and a lack of trust of the children to their parents. However, this study also found that the divorce also caused a positive impact on the children’s character in which the children become more independent and stronger in their lives. We suspect the divorce might have caused some children to build positive perceptions from their painful life. As such they take it as a positive life experience and then caused them to become more stronger and independent. Future research should focus on why some children perceive their parent’s divorce as a negative experience, while others accept it as a positive life experience and use it as a factor to be independent and stronger.

The Impact of Family’s Economic on Divorce

Divorce is the breaking of the marriage bond for certain reasons. Economy is on of the reasons husband and wife can demand divorce at the syari’yyah court or the religious court. In the period 2015-2019, the Syari’yyah Langsa Court decided many divorce cases for various reasons, including the economic reason. The purpose of this study was to determine the economic impact of families on divorce in 2015-2019 and to determine the causes that dominated divorce in 2015-2019 at the Syar’iyyah Langsa Court. Researchers conducted research by processing data taken from the Syar’iyyah Langsa Court. The results obtained from this study are base on cases that have been decided by the Syar’iyyah langsa Court in 2015-2019, that the economy has an impact on divorce but the impact is not massive so that the economy does not really affect divorce. The most dominating cause of divorce, which reached 72.8% of the total cases that occurred in 2015-2019 was due to continuous disputes and arguments. Meanwhile, divorces due to economic causes accounted for 9.76% of the total cases that occurred in 2015-2019.

Efektivitas Sighat Taklik Talak Dalam Perkawinan Islam Di Indonesia

The effectiveness of the Sighat Taklik Talak in Islamic marriage law in Indonesia, until now from the aspect of the implementation of this Sighat Taklik Talak pronunciation, after the Ijab Kabul is held in the marriage walimah, is always spoken by the husband who is heard by all the marriage aqdun assemblies. It was even signed by the bride and groom and the witnesses, so this Sighat Taklik Talak has legal consequences. However, in the implementation of taklik talak as the causes of divorce, it can be said that it is rarely used or even none at all who applies for divorce through the path or means of violating sighat taklik talak, and because there is no request from one of the parties to divorce, then the judge cannot use sighat taklik talak as the reason for the divorce because the judge is passive.

Dampak Yuridis Sumpah Li'an Berdasarkan Hukum Islam Dan Hukum Positif

The process of building a household life, of course, there are many trials that arise, not a few of these trials result in a marriage relationship that has been built for years to end in court. Referring to various sources of Islamic law, there are several forms of divorce, namely: talaq, khulu`, fasakh, `ila`, li`an, zhihar, and nusyuz. When we look at the rules about marriage in the Compilation of Islamic Law (KHI), through section 116 KHI explained, that one of the causes of divorce is the existence of adultery committed by one of the parties from both husband and wife. In the event that a divorce is carried out because of adultery and then it is resolved by means of a li`an, then there are other legal consequences that will be borne by the parties, namely husband and wife and even children of both of them are affected. In this study, researchers used the library research method. The results of the research on the legal impact of the li’an Oath on wives and children according to Islamic law; husband is free from the threat of had qadzaf, adultery that the husband accuses his wife of is right, lineage of the child the wife was carrying was only related to the mother, the wife is free from the threat of adultery, li`an caused the marriage to break up forever. Meanwhile, according to positive law; li`an caused the marriage to break up forever, lineage of the child the wife was carrying was only related to the mother, and for the husband there is no obligation to provide a living.