<![CDATA[The purpose of this study is to analyze the basis for judges’ decisions in resolving divorce cases by default and to explain the challenges faced by judges in resolving such cases at the Sungguminasa Religious Court. This study examines three divorce rulings at the Sungguminasa Religious Court that are, in fact, cases of divorce by default, in which one party was absent and their whereabouts were unknown. Using a qualitative approach with an empirical legal method through the analysis of ruling documents and in-depth interviews with judges, this study found that even though one party was considered absent, the judges consistently applied Article 116(f) of the Compilation of Islamic Law (KHI) regarding continuous disputes and quarrels, rather than Article 116(b), which requires a two-year waiting period. The unseen status was used as supporting evidence to prove the permanent breakdown of the marriage. Judges demonstrate progressive legal reasoning (rechtsvinding) to ensure substantive justice for the abandoned spouse, while maintaining a balance with the principle of maslahah in Islamic law. This study recommends that the Supreme Court issue specific regulations to establish uniformity in rulings and legal certainty in the resolution of divorce cases involving an absent spouse in Indonesia.]]>
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