Simplification of Court Process

Oct 13, 2025 by talynt.org 93 views

Implementation of Thalaq in the Fiqh of Islam in the Pulau Rakyat District of Asahan Regency (viewed from Law No.1 of 1974 concerning Marriage)

Introduction

Thalaq, which means divorce in the context of Islamic jurisprudence, is an act that is considered halal despite being hated by Allah SWT. When a husband says the word "thalaq" to his wife, whether it is in an emotional state or just joking, then the divorce is legally valid. In Pulau Rakyat District, the majority of the population is Muslim, the implementation of marriage law becomes complex. Although Law No. 1 of 1974 concerning Marriage has been applied for more than three decades, the problem of Thalaq is beyond the provisions of this law and other law violations still often occur.

The Complexity of Thalaq in Islamic Jurisprudence

Thalaq is a sensitive and complex issue in Islamic jurisprudence. It is considered a legitimate act, but it is also hated by Allah SWT. The Quran and Hadith provide guidance on the process of Thalaq, which allows divorce without having to go through a court, as long as it fulfills its requirements and harmony. However, the implementation of Thalaq in Pulau Rakyat District is often not in accordance with the provisions of Law No. 1 of 1974. This is because the people of the island assume that the court process is inefficient, the difficulty of providing evidence before the judge, as well as concerns that the process could reveal family secrets to the public.

Problems in Thalaq Settings

The implementation of Thalaq in Pulau Rakyat District is often not in accordance with the provisions of Law No. 1 of 1974. This is because the people of the island assume that the court process is inefficient, the difficulty of providing evidence before the judge, as well as concerns that the process could reveal family secrets to the public. However, on the other hand, the implementation of Thalaq that does not comply with this law can lead to neglect of the rights of wife and children. For example, the wife is entitled to a living during the iddah period and the distribution of joint property, as well as the responsibility of child care, which is often ignored if Thalaq is carried out without a court.

Research Methodology

This study uses a normative juridical and sociological legal approach that is descriptive analytic. The data sources used are primary and secondary data, including primary, secondary and tertiary legal materials. Data collection techniques include literature studies, field studies, documents, questionnaires, and interviews. The data collected is analyzed qualitatively and interpreted logically and systematically, so that conclusions can be withdrawn with an inductive and deductive approach.

Research Result

The results showed that Thalaq in Islamic jurisprudence was regulated in the Quran and Hadith, which allowed divorce without having to go through a court, as long as it fulfilled its requirements and harmony. However, the implementation of Thalaq in Pulau Rakyat District is often not in accordance with the provisions of Law No. 1 of 1974. This is because the people of the island assume that the court process is inefficient, the difficulty of providing evidence before the judge, as well as concerns that the process could reveal family secrets to the public.

Conclusion

It is important to realize that Thalaq in Islamic jurisprudence, although it is legitimate in religion, must still pay attention to the legal aspects regulated in Law No. 1 of 1974. The divorce process carried out in accordance with legal provisions not only protects the rights of women and children, but also provides certainty and legal legitimacy for all parties involved. Thus, people in the Pulau Rakyat District need to be empowered through legal education to understand the importance of following legal procedures in the implementation of Thalaq.

Recommendations

Based on the research findings, the following recommendations are made:

Legal Education: The people of Pulau Rakyat District need to be empowered through legal education to understand the importance of following legal procedures in the implementation of Thalaq.
Simplification of Court Process: The court process should be simplified to make it easier for people to access justice and to reduce the complexity of the process.
Protection of Rights of Wife and Children: The rights of wife and children should be protected through the implementation of Thalaq in accordance with the provisions of Law No. 1 of 1974.
Community Awareness: Community awareness should be raised about the importance of following legal procedures in the implementation of Thalaq.

Limitations of the Study

This study has several limitations, including:

Limited Scope: The study only focuses on the implementation of Thalaq in Pulau Rakyat District and does not cover other areas.
Limited Data: The study relies on primary and secondary data, which may not be comprehensive or up-to-date.
Limited Analysis: The study only analyzes the data qualitatively and does not provide a quantitative analysis.

Future Research Directions

Future research should focus on the following areas:

Implementation of Thalaq in Other Areas: The study should be replicated in other areas to see if the findings are generalizable.
Quantitative Analysis: The study should be replicated with a quantitative analysis to provide a more comprehensive understanding of the issue.
Comparison with Other Laws: The study should be compared with other laws to see if the findings are consistent with other legal frameworks.

Conclusion

In conclusion, the implementation of Thalaq in Pulau Rakyat District is a complex issue that requires careful consideration of the legal aspects regulated in Law No. 1 of 1974. The study highlights the importance of following legal procedures in the implementation of Thalaq to protect the rights of wife and children and to provide certainty and legal legitimacy for all parties involved.
Q&A: Implementation of Thalaq in the Fiqh of Islam in the Pulau Rakyat District of Asahan Regency (viewed from Law No.1 of 1974 concerning Marriage)

Q: What is Thalaq in Islamic jurisprudence?

A: Thalaq, which means divorce in the context of Islamic jurisprudence, is an act that is considered halal despite being hated by Allah SWT. When a husband says the word "thalaq" to his wife, whether it is in an emotional state or just joking, then the divorce is legally valid.

Q: Why is Thalaq considered a complex issue in Islamic jurisprudence?

A: Thalaq is considered a complex issue in Islamic jurisprudence because it is a sensitive and emotional topic that requires careful consideration of the legal aspects regulated in Law No. 1 of 1974. The implementation of Thalaq can lead to neglect of the rights of wife and children, and it is essential to follow legal procedures to protect these rights.

Q: What are the requirements for a valid Thalaq in Islamic jurisprudence?

A: The requirements for a valid Thalaq in Islamic jurisprudence are that the husband must say the word "thalaq" to his wife, and the wife must accept the divorce. The husband must also fulfill the requirements of iddah, which is a period of waiting for the wife to determine if she is pregnant.

Q: Why do people in Pulau Rakyat District assume that the court process is inefficient?

A: People in Pulau Rakyat District assume that the court process is inefficient because they believe that it is difficult to provide evidence before the judge, and that the process could reveal family secrets to the public. However, the court process is designed to provide a fair and impartial hearing, and it is essential to follow legal procedures to protect the rights of all parties involved.

Q: What are the consequences of neglecting the rights of wife and children in the implementation of Thalaq?

A: The consequences of neglecting the rights of wife and children in the implementation of Thalaq can be severe. The wife may be left without financial support, and the children may be left without a stable home environment. It is essential to follow legal procedures to protect the rights of all parties involved.

Q: How can people in Pulau Rakyat District be empowered through legal education to understand the importance of following legal procedures in the implementation of Thalaq?

A: People in Pulau Rakyat District can be empowered through legal education by providing them with information about the legal aspects regulated in Law No. 1 of 1974. This can include workshops, seminars, and other educational programs that provide people with the knowledge and skills they need to navigate the legal system.

Q: What are the recommendations for simplifying the court process and protecting the rights of wife and children in the implementation of Thalaq?

A: The recommendations for simplifying the court process and protecting the rights of wife and children in the implementation of Thalaq include:

Simplification of Court Process: The court process should be simplified to make it easier for people to access justice and to reduce the complexity of the process.
Protection of Rights of Wife and Children: The rights of wife and children should be protected through the implementation of Thalaq in accordance with the provisions of Law No. 1 of 1974.
Community Awareness: Community awareness should be raised about the importance of following legal procedures in the implementation of Thalaq.

Q: What are the limitations of the study?

A: The limitations of the study include:

Limited Scope: The study only focuses on the implementation of Thalaq in Pulau Rakyat District and does not cover other areas.
Limited Data: The study relies on primary and secondary data, which may not be comprehensive or up-to-date.
Limited Analysis: The study only analyzes the data qualitatively and does not provide a quantitative analysis.

Q: What are the future research directions?

A: The future research directions include:

Implementation of Thalaq in Other Areas: The study should be replicated in other areas to see if the findings are generalizable.
Quantitative Analysis: The study should be replicated with a quantitative analysis to provide a more comprehensive understanding of the issue.
Comparison with Other Laws: The study should be compared with other laws to see if the findings are consistent with other legal frameworks.