USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 1 (2026): Januari

TOXIC RELATIONSHIP SEBAGAI DASAR PERCERAIAN: ANALISIS KEKERASAN PSIKIS DALAM HUKUM KELUARGA ISLAM DAN UU PKDRT

wahyu (Unknown)



Article Info

Publish Date
02 Jan 2026

Abstract

This study aims to analyze divorce caused by toxic relationships as a form of psychological violence within the framework of Islamic family law and its relevance to Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT). This research employs a qualitative approach through library research using primary sources such as classical Islamic jurisprudence texts, religious court decisions, and statutory regulations, supported by secondary sources including books and scholarly articles. The data were analyzed descriptively and analytically through a normative-sociological approach. The findings show that psychological violence in toxic relationships constitutes darar ma‘nawi, which contradicts the principles of mu‘asyarah bi al-ma‘ruf and the objectives of maqasid al-syari‘ah. Decisions from the Religious Courts of Jember and Malang demonstrate that judges increasingly consider emotional harm and mental suffering as legitimate grounds for divorce, aligning with the provisions of UU PKDRT. This study highlights the convergence between Islamic jurisprudence and positive law in protecting victims of non-physical violence and underscores the need to strengthen legal understanding and evidentiary mechanisms that are responsive to psychological abuse.

Copyrights © 2026






Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...