<![CDATA[Divorce is one of the legal mechanisms provided to terminate a marriage when the objectives of establishing a family can no longer be achieved. In practice, however, not every divorce petition is granted by the court. One such case is Decision Number 1319/Pdt.G/2023/PA.Tbn, in which the court rejected the divorce petition on the grounds that it contained a formal defect (obscuur libel), rendering the claim vague and preventing the judges from examining the merits of the case. Nevertheless, the facts presented during the trial revealed continuous marital disputes, economic conflicts, and alleged conduct indicative of a toxic family environment (ta'addi), which potentially undermined the objectives of marriage as prescribed in Qur'an Surah Ar-Rum verse 21. This study aims to analyze the indicators and practices of toxic families (ta'addi), examine the judges' legal reasoning in Decision Number 1319/Pdt.G/2023/PA.Tbn, and evaluate the decision through Fazlur Rahman's Double Movement theory based on Qur'an Surah Ar-Rum verse 21. This research employs a normative legal research method using statutory, case, and conceptual approaches. The data sources consist of court decisions, statutory regulations, the Compilation of Islamic Law, classical Islamic jurisprudence literature, and scholarly journals published within the last five years. The data are analyzed qualitatively using a descriptive-analytical method. The findings indicate that the indicators of a toxic family from the perspective of ta'addi are not limited to physical violence but also include psychological abuse, neglect of financial support, domination, humiliation, emotional manipulation, and the loss of harmony and tranquility within the household. The rejection of the petition in Decision Number 1319/Pdt.G/2023/PA.Tbn was legally justified on the basis of a formal defect in the claim; however, substantively, it did not fully reflect the protection of the parties' welfare (maslahah). From Fazlur Rahman's perspective, judges should not merely adhere to formal legal requirements but should also consider the moral values of the Qur'an, which emphasize sakinah (tranquility), mawaddah (affection), and rahmah (compassion) as the primary objectives of marriage. Therefore, a substantive approach oriented toward the maq??id al-shar?'ah is essential in adjudicating divorce cases arising from toxic family relationships.]]>
Copyrights © 2026
