<![CDATA[This article examines the pronouncement of talak (divorce) via legal counsel (advocate) from the perspectives of fiqh (Islamic jurisprudence) and Indonesian positive law. The central issue addressed is the divergence in views between Islamic law and Indonesian positive law regarding the validity of pronouncing talak through a representative—specifically an advocate. Under fiqh, talak is the husband's prerogative and cannot be delegated to another party; thus, executing talak through a representative, including an advocate, is generally not permitted. Conversely, in the practice of Indonesian positive law—particularly within Religious Courts—there is scope for advocates to represent clients during divorce proceedings, including the pronouncement of talak, provided there is a specific power of attorney and applicable legal procedures are followed. This study employs a library research methodology with a descriptive-qualitative approach. Data were gathered from primary sources, such as classical Islamic texts and statutory regulations, as well as secondary sources, including academic journals and articles. A descriptive and comparative analysis was conducted to examine the research subject in depth. The findings indicate that, in general, both classical Islamic law and Indonesian positive law require a clear, specific power of attorney from the husband to the representative or advocate for the pronouncement of talak, primarily to provide legal protection for husbands unable to appear in court personally. However, Islamic law restricts talak representation to emergency situations subject to strict conditions, whereas positive law is more flexible and pragmatic, allowing it provided administrative requirements and the reasons for the husband's absence are met and substantiated by a special power of attorney. The implementation of talak pronouncement via representation represents a legal innovation that facilitates the husband's lawful filing for divorce under strict court supervision, thereby ensuring the husband's intent is honored while protecting the rights of the wife and children. While this practice reflects a harmonization of Islamic legal principles and national law in a modern context, it also presents challenges—such as the potential for abuse of authority—necessitating standardization, rigorous oversight, and heightened professional accountability among advocates to guarantee justice and legal certainty.]]>
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