<![CDATA[Divorce is one of the important issues in Islamic family law regulated in state law, including in Libya and Indonesia. This study aims to analyze and compare the judicialization of divorce in Libyan and Indonesian family law. This study uses normative legal research methods with a comparative legal approach, a statutory approach, and a jurisprudence approach. The main source of research is the Libyan Law No. 10 of 1984 on marriage, divorce, and its legal consequences, as well as the Indonesian Marriage Law and the Compilation of Islamic Law. The results of the study show that both Libya and Indonesia place the courts as important institutions in the settlement of divorce, but establish different mechanisms. Libyan law provides ample room for judges to decide on divorce based on ḍarar (harm), absence of support, absence of a spouse, disability, īlā', ẓihār, and irreconcilable disputes. Indonesian law restricts divorce through court proceedings and requires the existence of legal grounds and peaceful efforts before the divorce is decided. The most fundamental difference lies in the position of divorces carried out out of court. Libyan law still regulates divorce based on talaq, but stipulates that its legal existence must be proven through the courts. Meanwhile, the Indonesian legal system institutionalizes divorce through the courts so that divorce obtains legal consequences after the judicial process.]]>
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