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Jurnal Al-Dustur
Published by Institut Agama Islam Negeri Bone
ISSN : 26225964     EISSN : 26866498     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Dustur is a Scientific Journal published by Department of Constitutional Law in Postgraduate Program of the State Islamic Institute (IAIN) Bone as a media of publishing and sharing the results of research and the development of Politic and Islamic Law. This journal contains articles that have never been previously published in the form of articles from research or applied research. All submitted articles will go through "peer-review process" after fulfilling the requirements according to the article writing guidelines. The publication of this journal every six months, namely in June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 1 Documents
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Search results for , issue "Vol 4 No 1 (2021)" : 1 Documents clear
COMPARATIVE ANALYSIS OF TALAQ THAT PASSED OUTSIDE THE COURT IN THE PERSPECTIVE OF ISLAMIC LAW AND COMPILATION OF ISLAMIC LAW Zahir, Irham
Jurnal Al-Dustur Vol 4 No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v4i1.1343

Abstract

Talaq is a termination of marital status which is prescribed under certain conditions, and its procedure has been regulated, both in Islamic Law and in the compilation of Islamic Law (KHI). This is library research which focused on library materials using a qualitative descriptive approach that leads to the textual juridical of Islamic Law and KHI, and examines what has been set in Islamic Law and from various books; then compared with the KHI so that can find out the differences and common ground between the two legal systems then can be a basis to be applied.By using this research method, it is concluded that the Law of fiqh allows talaq divorce based on the willingness of both parties or on the initiative of the husband/wife unilaterally. In fact, talaq divorce can be done without interference from the judiciary. Whereas in the rules of the Compilation of Islamic Laws, talaq outside the Court is not valid according to the perspective of Law No.1 of 1974 on Marriage and the Compilation of Islamic Law (KHI), although fiqh allows talaq outside the Court, it has no power in positive Law.

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