Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Lentera: Journal of Islamic Studies
Halim Talili
Universitas Islam Negeri Alauddin Makassar
Religion Humanities Education Languange, Linguistic, Communication & Media Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Analisis Yuridis Pertimbangan Hakim Dalam Putusan Perkara Cerai Ghaib Di Pengadilan Agama Sungguminasa Hardianto Sultan; Halim Talili; Hamsir
Lentera Jurnal Vol 2 No 1 (2026): Islamic Praxis in Transition: Education, Rhetoric, Law, and Digital Spaces.
Publisher : Danudirja Setyabudi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64271/6w4p6944

Abstract

The purpose of this study is to analyze the basis for judges’ decisions in resolving divorce cases by default and to explain the challenges faced by judges in resolving such cases at the Sungguminasa Religious Court. This study examines three divorce rulings at the Sungguminasa Religious Court that are, in fact, cases of divorce by default, in which one party was absent and their whereabouts were unknown. Using a qualitative approach with an empirical legal method through the analysis of ruling documents and in-depth interviews with judges, this study found that even though one party was considered absent, the judges consistently applied Article 116(f) of the Compilation of Islamic Law (KHI) regarding continuous disputes and quarrels, rather than Article 116(b), which requires a two-year waiting period. The unseen status was used as supporting evidence to prove the permanent breakdown of the marriage. Judges demonstrate progressive legal reasoning (rechtsvinding) to ensure substantive justice for the abandoned spouse, while maintaining a balance with the principle of maslahah in Islamic law. This study recommends that the Supreme Court issue specific regulations to establish uniformity in rulings and legal certainty in the resolution of divorce cases involving an absent spouse in Indonesia.
Co-Authors Hamsir Hardianto Sultan