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All Journal Landraad
Agusnadi, Irvan
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Analisis Mashlahat Tentang Taklik Thalak Sebagai Alasan Gugatan Perceraian Dalam KHI Pasal 51 Agusnadi, Irvan
Jurnal Landraad Vol. 3 No. 2 (2024): Edisi Oktober 2024
Publisher : Institut Syekh Abdul Halim Hasan Binjai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59342/jl.v3i2.696

Abstract

This study analyzes the concept of maslahah (public interest) concerning taklik talak as a basis for filing a divorce claim under Article 51 of the Compilation of Islamic Law (KHI). Taklik talak refers to a conditional promise made by the husband after the marriage contract, which, if violated, grants the wife the right to seek a divorce. The focus of this research is on how the concept of maslahah—ensuring benefit and preventing harm—serves as the foundation for applying taklik talak as a legitimate reason for divorce. The research employs a normative legal method through textual analysis and literature review. The findings reveal that the application of taklik talak in the KHI aims to protect the rights of wives and ensure justice within marriage. The concept of maslahah supports divorce based on taklik talak as a solution when one party suffers harm or injustice in the marital relationship. Thus, the use of taklik talak functions not only as legal protection for the wife but also as an effort to maintain balance in family life in accordance with Islamic law principles.
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