FENOMENA
FENOMENA Vol 8 No. 2, 2016

Analisis Kritis Pemikiran Wahbah Az-zuḥailī tentang Penetapan Talak

Khair, Abdul ( IAIN Palangka Raya)



Article Info

Publish Date
01 Dec 2016

Abstract

This title of this article is An Analysis of Critical Thought Wahbah az-Zuḥailī Concerning Determination Separations. The purpose of this article was to assess the Wahbah az-Zuḥailī thinking about the establishment of divorce, legal istinbath methods used, as well as the relevance of thought Wahbah az-Zuḥailī the context of divorces in Indonesia. The results of the article showed that the determination of divorce divided into two divorces that do not require a court judgment and divorce which require a court decision. Separations that do not require a court decision is divorce by pronouncing talak and khuluk. While divorce is a divorce requires a court decision that caused his wife to go to court and divorce taasuf .The underlying thought Wahbah az-Zuḥailī are the legal consequences of divorce and the seat of the court as an institution that handles divorce cases. Law istinbath method used is based on the HR at-Tirmidhi about divorce joke, Bukhari about the events of Ibn Umar that mentalak his wife in a state of menstruation, QS. al-Baqarah verse 231 and HR Ibn Majah on the prohibition of doing immorality. Relevance thought Wahbah az-Zuḥailī the context of divorces in Indonesia can be seen in taasuf divorce procedures and the validity of divorce outside the court on condition that the assembly had dug legal facts that can be used as strong evidence for a divorce.

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Journal Info

Abbrev

fenomena

Publisher

Subject

Religion Other

Description

FENOMENA: Jurnal Penelitian is (p-ISSN: 2460-3902 e-ISSN: 2615-4900) an Islamic Studies Journal published by Center for Research and Community Services of State Islamic Institute of Samarinda, Indonesia. It is a peer-reviewed journal of Islamic Studies, including: Islamic Education and Islamic Law. ...