Extrajudicial divorce still occurs in society, raising issues regarding the legal status of the divorce and the protection of the rights of the husband, wife, and children. This study aims to analyze and compare the validity of extrajudicial divorce according to the perspectives of Wahbah Az-Zuhaili and the Compilation of Islamic Law (KHI), as well as the associated legal consequences under Indonesian positive law. The study employs a library research method with a normative-juridical approach. Data were obtained from Wahbah Az-Zuhaili’s *Al-Fiqh al-Islami wa Adillatuhu*, the KHI, relevant legislation, and scholarly literature. A descriptive-comparative analysis was conducted to identify similarities and differences between the two perspectives. The findings indicate that, according to Wahbah Az-Zuhaili, divorce does not always require a judicial ruling. Under certain conditions, *talak* (repudiation) and *khulu’* (divorce initiated by the wife) can occur without a court ruling, whereas other forms of divorce—such as those resulting from a lack of maintenance, physical defects, harm (*mudarat*), abandonment, imprisonment, or *talak ta’asuf* (arbitrary/abusive repudiation)—require judicial intervention. Conversely, the KHI mandates that divorce proceedings take place before the Religious Court. The primary difference lies in the status of the judicial ruling as a prerequisite for a valid divorce. Wahbah Az-Zuhaili’s jurisprudence allows for certain extrajudicial divorces, whereas the KHI requires a judicial process to secure legal recognition.
Divorce not only results in the dissolution of the marital relationship but also gives rise to issues regarding child custody. Normatively, Article 105 of the Islamic Law Compilation (KHI) stipulates that a child who has not yet reached the age of discernment (*mumayyiz*) is to be placed in the mother's custody. Howeve...
This study is motivated by debates surrounding non-blood-related marriage from social, legal, and religious perspectives, particularly concerning legal certainty and the validity of marriage. Under Indonesian law, marriage is regarded as a physical and spiritual bond between a man and a woman aimed at establishing a ha...
Muhammad Syahidul Haq, Mahlil Adriaman· LANCAH: Jurnal Inovasi dan T...· 0 citations
The marriage practices of the Suku Anak Dalam community in Merangin Regency continue to preserve various customary provisions passed down from generation to generation, while at the same time the community has embraced Islam. This situation raises questions regarding the status of these customary marriage practices und...
This study examines how husbands in Mutiara Timur District balance rights and obligations toward wives and parents and evaluates these practices under Islamic family law. A qualitative field-research design was used. Data were collected through interviews, observation, and documentation involving three husbands, three...
‘Uqūd Al-Lujjain by Shaykh Nawawi al-Bantani is a classical Islamic text used in pesantren education to discuss husband-wife relations. Some of its provisions, particularly the emphasis on wives’ obedience to husbands and the prohibition against leaving the house without permission, have been criticized for potentially...
Mariana Arifah, Alamudin Bahrul Atok, S. Nurlita et al.· AL-QIBLAH: Jurnal Studi Isla...· 0 citations
This research discusses the regulation of marriage agreements in Indonesian contract law Marriage contracts in Indonesia have undergone flexible developments following the Constitutional Court Decision Number 69/PUU-XIII/2015, but in practice, they are often misused to deviate from the sacred nature of marriage for cer...
Salsabilla Devi, L. Amaliya, Muhamad Abas· Birokrasi: JURNAL ILMU HUKUM...· 0 citations
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