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Contact Name
Muhammad Nasir
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INDONESIA
Ad-dawl : Jurnal Islamic Studies
ISSN : -     EISSN : 31090206     DOI : https://doi.org/10.61590/jis
Core Subject :
Ad-dawl is an academic journal dedicated to the scholarly exploration of various aspects of Islam. The journal provides a platform for researchers, academics and practitioners to publish original research and reviews on topics such as Islamic thought, law, history, culture, Islamic education and social issues. The journal aims to foster a deeper understanding of Islamic principles in traditional and contemporary contexts, while promoting an interdisciplinary approach that integrates fields such as philosophy, sociology, economics and politics. By offering a space for diverse perspectives, Ad-dawl contributes to intellectual dialogue within the global Islamic community. The journal publishes peer-reviewed articles and research that are academically rigorous, engaging with the latest developments in Islamic studies and their practical implications in modern society. The journal serves as a valuable resource for scholars and practitioners, offering insights into the application of Islamic teachings in today’s world. Committed to advancing Islamic studies in both academic and practical domains, Ad-dawl aims to be a leading journal that bridges theory and practice, making it accessible to a wide audience of researchers, students and professionals interested in Islamic studies.
Arjuna Subject : -
Articles 11 Documents
Rethinking The Theory of Legal Flexibility (Three Divorce Law Outside Religious Courts) Muhammad Nafi
Ad-dawl : Jurnal Islamic Studies Ad-dawl Vol. 1 No. 1 (Januari - Juni 2025)
Publisher : PT. Global Pustaka Ilmiah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61590/jis.v1i1.212

Abstract

This study aims to review the concept of legal flexibility in the context of the practice of triple divorce carried out outside the Religious Court in Indonesia. The main focus of this study is to present another side of the theory of legal flexibility in the issue of triple divorce law outside the religious court which until now has only been punished as one divorce. This study is library research. The results of the study indicate that the application of the results of collective ijtihad in a regulation that binds the Indonesian people, in the form of a rare opinion, has created legal turmoil in society. Judges who do not consider the occurrence of a divorce pronounced by a husband outside the court on the grounds that using the principle of divorce is complicated, are challenged by the social community who choose to follow the opinion of the majority of scholars. The application of the articles in the UUP and KHI must be reconsidered by judges by looking at the social conditions of the community where the parties to the case live. Judges have the right to decide with contra legem, so that legal justice and legal certainty are achieved in society.

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