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Divorce Bureaucracy in the Sharia Space: Examining Practices in Langsa City, Aceh Muhazir Muhazir; Azwir Azwir
At-Tafkir Vol 17 No 1 (2024): At-Tafkir
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/at.v17i1.9491

Abstract

Divorce in the community is often understood differently between Islamic law, the State, and customary law. Each of these laws has a fundamental legal basis regarding the concept of divorce. The impact of differences in the legal concept of divorce results in different Muslim communities in the process of terminating marital relations. This research aims to examine further how the divorce bureaucracy in Indonesia affects the divorce process in the community. This paper results from an empirical study with a socio-legal study approach, this approach is used to review how divorce in society is practiced. Data was obtained from interviews with relevant parties. To strengthen the data and analysis, this research also uses several empirical research results and other important articles related to this paper. The results show that the divorce bureaucracy in Langsa City, Aceh still leaves problems caused by differences in viewpoints and interests so that divorce outside the court still occurs. The difference in perspective is based on the understanding that divorce is legal if it fulfills the provisions of Islamic law. On the other hand, people who are aware of the law have the view that divorce must be done before the court. The bureaucracy of divorce, which involves administration and the conditions that must be met, makes divorce considered complicated and takes a long time. Conversely, religious divorce does not require a long time and cost. In addition, the interest in a quick process without the need for an administrative process also influences the divorce bureaucracy. Non-judicial mediation at the village level is essential for reducing divorce rates and reducing divorce bureaucracy.
Between Adat, Social Practice and Islamic Law: Marital Rights and Obligations of Career Wives in Aceh, Indonesia Muhazir Muhazir; Mustari Humaira; Nanda Herijal Putra
Lentera: Indonesian Journal of Multidisciplinary Islamic Studies Vol 7 No 2 (2025): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Program Pascasarjana IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/lentera.v7i2.11835

Abstract

The increasing participation of wives in professional and economic activities has become a significant phenomenon in contemporary Muslim society, including Langsa City. A career wife refers to a married woman who works outside the home to support family income, develop personal potential, and apply her skills and knowledge. This study addresses the issue of how the rights and obligations of career wives are fulfilled in family life and examines these practices from the perspective of fiqh munakahat. This research aims to analyze the implementation of marital rights and obligations toward career wives and to assess their conformity with Islamic family law principles. The study employs a normative-empirical research method. The normative approach examines Qur’anic verses, Hadith, and classical juristic opinions related to fiqh munakahat, while the empirical approach explores social realities through the lens of family sociology within the community of Gampong Paya Bujok Seulamak, Langsa City. The findings indicate that wives’ participation in work is largely driven by the husbands’ insufficient income to meet household needs. However, the practice of financial maintenance (nafkah) often deviates from Islamic legal provisions. Many husbands cease providing nafkah due to the wives’ independent income and higher earnings. Such practices demonstrate a misunderstanding of Islamic legal norms, as fiqh munakahat affirms that the obligation of nafkah remains with the husband regardless of the wife’s employment status. Economic limitations do not nullify this obligation but require adjustment according to the husband’s financial capacity. This study highlights the need for strengthening public understanding of marital responsibilities to ensure household harmony based on Islamic legal principles.