El-Faqih : Jurnal Pemikiran dan Hukum Islam
Vol. 12 No. 2 (2026): EL FAQIH

Implikasi Hukum Kedaluwarsa Ikrar Talak Terhadap Status Perkawinan: Studi Kasus di Pengadilan Agama Panyabungan

Andri Irama Daulay Andri (3Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan)
Ibrahim Siregar (Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan)
Putra Halomoan Hsb (Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan)



Article Info

Publish Date
21 Sep 2026

Abstract

This study aims to analyze the loss of the right to pledge talaq due to the non-implementation of the talaq pledge from the perspective of Islamic family law in the Panyabungan Religious Court. This research uses empirical legal methods with juridical-normative and sociological approaches. The research was carried out in January 2025 by interviewing three judges, and five litigants, as well as analyzing talaq divorce case documents. Data was obtained through interviews, document studies, and literature studies, then analyzed qualitatively. The results of the study show that if the husband does not pledge talaq within six months from the date of the decree having permanent legal force, the right to vow talaq becomes lost, while the marriage bond still lasts. Of the 177 cases, the non-fulfillment of the talaq pledge was caused by economic factors 25/%, inability to fulfill post-divorce obligations 30/%, reconciliation or desire to maintain the marriage 45/%,. This condition shows the paradox between procedural certainty and substantive justice. Although the rules provide a clear time limit, the mechanism can create uncertainty for the wife because the sustainability of the divorce process is highly dependent on the husband's actions. The novelty of this research lies in the finding that the mechanism of the elimination of the right to pledge talaq has the potential to create inequality in the position of the wife in the talaq divorce process, so its application needs to consider not only legal certainty, but also justice, utility, and protection of the rights of the parties.

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Journal Info

Abbrev

faqih

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest ...