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International Journal of
Law
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VOL. 8, ISSUE 2 (2022)
The implementation of triple thalaq outside the court in the jurisdiction of the Bireuen shari'ah court
Authors
Raudhatul Hidayati, Iman Jauhari, Yusri
Abstract
The difference in the implementation of the determination of the amount of thalaq decided by the religious court or in Aceh called the shari'ah court is different from the opinion of the majority of scholars who are often used as a reference for the community in carrying out thalaq outside the court, especially on the count of thalaq after the triple thalaq pledge spoken by the husband, so this raises the issue of confusion in society, especially husbands and wives who before outside the court had divorced with thalaq three but in court the judge handed down thalaq one. This study is intended to provide an overview of the implementation of thalaq outside the court in the jurisdiction of the Bireuen sharia court and the legal implications if the judge in court handed down thalaq one while outside the court the husband handed down thalaq three. This research is an empirical juridical law research with a case approach. The data collection technique is by collecting primary data related to the problems studied. Meanwhile, data analysis was carried out in a qualitative descriptive way. The theory of existence, the theory of maqashid sharia and the theory of legal certainty are used as analytical tools to answer the problems studied. The results of the study indicate that the drop in the amount of thalaq in the Bireuen sharia court refers to Article 115 of the Compilation of Islamic Law (KHI) which in Article 115 of the Compilation of Islamic Law (KHI) which reads "Divorce can only be carried out before a religious court trial after the religious court tried and failed to reconcile the two parties. In other words, a divorce that is not carried out before the court is considered invalid, so that the third thalaq pledged by the husband outside the court is considered invalid, and the judge drops the first thalaq (raj'i) because the thalaq pledge has only occurred before the court. While the opinion of the majority of scholars on triple thalaq refers to the QS. Al-Baqarah verse 230 which reads: "Then if he divorces her (after the second divorce), then the woman is no longer lawful for him before she marries another husband, then if the other husband divorces her, then it is not a sin for both of them." first husband and former wife) to remarry if both think they will be able to carry out Allah's laws, those are Allah's provisions which he explains to people of knowledge." So it can be concluded that there are differences in the imposition of triple talaq based on the Compilation of Islamic Law (KHI) and the number of scholars.
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Pages:122-126
How to cite this article:
Raudhatul Hidayati, Iman Jauhari, Yusri "The implementation of triple thalaq outside the court in the jurisdiction of the Bireuen shari'ah court". International Journal of Law, Vol 8, Issue 2, 2022, Pages 122-126
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