<![CDATA[This study aims to analyze the legal implications of divorce outside the courts in the perspective of national law and Islamic law and explain how the harmonization of the two legal systems can realize legal certainty and the protection of family rights. This research is a normative legal research with legislative, conceptual, and comparative approaches. The primary legal materials analyzed include Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019, Law Number 7 of 1989 concerning Religious Courts as amended last by Law Number 50 of 2009, and the Compilation of Islamic Law. The legal material is analyzed together with Islamic legal literature and relevant legal doctrines through systematic and conceptual legal interpretation techniques. The results of the study show that divorce outside the court does not have legal force in the national legal system because it does not meet the procedures determined by laws and regulations, while according to classical fiqh, talaq can be considered religiously valid if it fulfills its principles and conditions. These differences have consequences in the form of uncertainty in legal status, weak protection of women's and children's rights, obstacles to the division of common property, subsequent marriages, and population administration. This research emphasizes that the divorce process through the courts is a form of harmonization between national law and Islamic law through the maqāṣid al-syarī'ah approach which aims to protect family rights while realizing legal certainty. This research is limited to normative analysis of laws and regulations and legal doctrine, so it does not examine empirical practices or concrete decisions of Religious Courts.]]>
