<![CDATA[Reports of reconciliation after triple talaq persist in some Indonesian communities due to misconceptions about divorce status, the scope of reconciliation, and family-law pathways. This article examines post-triple talaq reconciliation through the Shāfiʿī doctrinal lens and Indonesian positive law (the Compilation of Islamic Law/KHI and the Marriage Law) using a qualitative socio-legal case study in Koto Baringin, Mandailing Natal. Data were gathered via in-depth interviews with religious leaders, village/KUA officers, and affected couples, complemented by observation and document review, and analyzed thematically with source/method triangulation. Findings show three recurrent patterns: informal cohabitation without a prior court dissolution or a lawful route to reconciliation; reliance on community leaders’ social legitimacy in place of legal verification; and persistent confusion about “triple talaq at once” and its consequences. In the Mazhab Shāfiʿī , triple talaq triggers baʾīn kubrā; reconciliation is invalid until tahallul occurs through a genuine, non-sham subsequent marriage (nikāḥ taḥlīl is prohibited). Under Indonesian law, divorce is valid only through the Religious Court and reconciliation must follow prescribed procedures and registration. Non-compliance produces legal uncertainty regarding marital status, children’s civil documentation, inheritance, and access to state services. The study recommends strengthening family-law literacy, intensifying KUA counseling, and strict adherence to court procedure and civil registration.]]>
Copyrights © 2025
