Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory
Vol. 3 No. 4 (2025)

Fiqh Talak Sebagai Objek Kekerasan

Muttaqin, Muhammad Riki Zaenal (Unknown)
Anwar, Syahrul (Unknown)



Article Info

Publish Date
28 Dec 2025

Abstract

This paper examines how the practice of ṭalāq can be misused as an instrument of abuse whether physical, psychological, or structural and maps the normative safeguards within Islamic jurisprudence (fiqh) and Indonesian positive law to prevent such misuse. The foundations of fiqh emphasize the principle of lā ḍarar wa lā ḍirār (no harm and no reciprocating harm), the principle of mu‘āsyarah bi al-ma‘rūf (living together in a good and respectful manner), and the ethical-procedural boundaries of divorce as outlined in the Qur’an. Meanwhile, the Compilation of Islamic Law (KHI) requires ṭalāq to be declared before a Religious Court, and the Domestic Violence Law (UU PKDRT) imposes sanctions if divorce is accompanied by violence. Thus, ṭalāq must not be employed as a means of intimidation, coercion, or perpetuating harmful relationships.

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Journal Info

Abbrev

IJIJEL

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory (IJIJEL) is a peer-reviewed academic journal that focuses on advancing research in Islamic jurisprudence, economics, and legal theory within the Indonesian context. Published quarterly (March, June, September, and December), ...