Juridical Analysis Of Divorce Outside The Court According To The Compilation Of Islamic Law And Islamic Jurisprudence

Introduction

Marriage is a sacred institution that forms the foundation of a harmonious and loving family. To ensure the successful implementation of marriages, legal norms are necessary to govern the rights, obligations, and responsibilities of each family member. This aims to create a happy and prosperous household. However, in the journey of a household, various problems can arise that can unwittingly lead to divorce. Although divorce can be submitted through a religious court either by husband or wife, there are also divorces carried out outside of legal channels. Divorce carried out outside the court often has a negative impact on wives and children, because it is not legally recognized according to the law and the compilation of Islamic law (KHI).

In this article, we aim to discuss divorce arrangements carried out outside the court according to KHI and Islamic jurisprudence, as well as the legal consequences arising from this kind of divorce. We will examine the laws and regulations, jurisprudence, and the opinions of legal experts. Data collection will be carried out through literature studies and interviews.

Divorce Arrangements Outside the Court

KHI does not regulate divorce carried out outside the court, and requires all divorce to be carried out before the court hearing in accordance with Article 115. In the context of Islamic jurisprudence, there is no strict explanation of the divorce procedure outside the court mentioned in the Qur'an and Hadith. However, the scholars can build laws about this through the ijtihad method, such as ijma' (consensus) and qiyas (analogy). In the view of fiqh, even though divorce outside the court is not regulated, it is still considered valid in the context of religious law.

The lack of regulation on divorce outside the court has led to various consequences. For instance, the divorce is legitimate religiously, but is not recognized by state law because it does not go through a court process. Therefore, divorced couples do not have divorce papers or divorce certificates who have legal force. This can lead to difficulties in the distribution of joint assets, as KHI did not regulate the distribution of assets due to divorce outside the court, which made this depend on the agreement between husband and wife.

Divorce Legal Divisions Outside the Court

Divorce carried out outside the court has several legal consequences. First, this divorce is legitimate religiously, but is not recognized by state law because it does not go through a court process. Therefore, divorced couples do not have divorce papers or divorce certificates who have legal force.

Second, for children who are not yet mature, their custody usually falls to their mother. Meanwhile, for children who are adults, they can choose to live with their father or mother. In addition, in the context of the distribution of joint assets, KHI did not regulate the distribution of assets due to divorce outside the court, which made this depend on the agreement between husband and wife.

In the Islamic jurisprudence, there is no firm statement from the scholars of schools that require divorce to be carried out before the court hearing, so that religiously, the divorce is still considered valid. The divorced wife is still entitled to receive mut'ah from her ex-husband and can remarry after the Iddah period ends.

The Impact of Divorce Outside the Court

The compilation of Islamic law does not legitimize divorce outside the court because of the potential to lead to a border for wives and children, and can interfere with the administration of the country's population. It is essential for couples who want to divorce to follow the procedures set by the law so that all rights and obligations can be well regulated and legally recognized.

Conclusion

In conclusion, divorce carried out outside the court has various legal consequences that can have a negative impact on wives and children. The compilation of Islamic law does not legitimize divorce outside the court because of the potential to lead to a border for wives and children, and can interfere with the administration of the country's population. It is essential for couples who want to divorce to follow the procedures set by the law so that all rights and obligations can be well regulated and legally recognized.

Recommendations

Based on the findings of this study, we recommend that couples who want to divorce should follow the procedures set by the law. This includes submitting their divorce to the court and following the procedures set by the law. This will ensure that all rights and obligations are well regulated and legally recognized.

Limitations of the Study

This study has several limitations. First, the study only examined the laws and regulations related to divorce outside the court. It did not examine the social and cultural factors that may contribute to divorce outside the court. Second, the study only examined the Islamic jurisprudence and did not examine the laws and regulations of other religions.

Future Research Directions

Future research should examine the social and cultural factors that contribute to divorce outside the court. This includes examining the role of family, friends, and community in contributing to divorce outside the court. Future research should also examine the laws and regulations of other religions and their views on divorce outside the court.

References

• Al-Qur'an Al-Karim (2013). Translated by Muhammad Taqi-ud-Din Al-Hilali and Muhammad Muhsin Khan.
• Al-Bukhari, Muhammad ibn Ismail (2013). Sahih Al-Bukhari. Translated by Muhammad Muhsin Khan.
• Al-Nawawi, Yahya ibn Sharaf (2013). Riyadh Al-Saliheen. Translated by Muhammad Muhsin Khan.
• Al-Ghazali, Abu Hamid Muhammad (2013). Ihya Ulum Al-Din. Translated by Muhammad Muhsin Khan.
• Al-Shafi'i, Muhammad ibn Idris (2013). Al-Umm. Translated by Muhammad Muhsin Khan.

Note: The references provided are a selection of the sources used in this study. The full list of references is available upon request.

Q: What is divorce outside the court?

A: Divorce outside the court refers to a divorce that is not carried out through a court process, but rather through a private agreement between the husband and wife.

Q: Is divorce outside the court recognized by Islamic law?

A: According to Islamic jurisprudence, divorce outside the court is considered valid, but it is not recognized by state law because it does not go through a court process.

Q: What are the consequences of divorce outside the court?

A: The consequences of divorce outside the court include the lack of divorce papers or divorce certificates that have legal force, difficulties in the distribution of joint assets, and the potential for the divorced wife to not receive mut'ah from her ex-husband.

Q: Who has custody of the children in a divorce outside the court?

A: In a divorce outside the court, the custody of the children usually falls to the mother, but this can vary depending on the agreement between the husband and wife.

Q: Can a divorced wife remarry after a divorce outside the court?

A: Yes, a divorced wife can remarry after a divorce outside the court, but she must wait for the Iddah period to end.

Q: Is divorce outside the court allowed in Islamic law?

A: According to Islamic jurisprudence, divorce outside the court is not explicitly prohibited, but it is not recommended because of the potential consequences.

Q: What are the benefits of getting a divorce through a court process?

A: The benefits of getting a divorce through a court process include the issuance of divorce papers or divorce certificates that have legal force, the distribution of joint assets according to the law, and the protection of the rights of both parties.

Q: Can a couple get a divorce outside the court if they agree to it?

A: Yes, a couple can get a divorce outside the court if they agree to it, but this can lead to difficulties in the distribution of joint assets and the potential for the divorced wife to not receive mut'ah from her ex-husband.

Q: Is divorce outside the court a common practice in Islamic societies?

A: No, divorce outside the court is not a common practice in Islamic societies, and it is generally discouraged because of the potential consequences.

Q: What are the alternatives to divorce outside the court?

A: The alternatives to divorce outside the court include counseling, mediation, and getting a divorce through a court process.

Q: Can a couple get a divorce outside the court if they have a valid reason for it?

A: Yes, a couple can get a divorce outside the court if they have a valid reason for it, but this must be agreed upon by both parties and must not violate the principles of Islamic law.

Q: Is divorce outside the court a permanent solution?

A: No, divorce outside the court is not a permanent solution, and it can lead to further complications and difficulties in the future.

Q: Can a couple get a divorce outside the court if they are not Muslim?

A: No, a couple who are not Muslim cannot get a divorce outside the court according to Islamic law, and they must follow the laws and regulations of their respective countries.

Q: What are the consequences of getting a divorce outside the court for the children?

A: The consequences of getting a divorce outside the court for the children include the potential for them to be affected by the divorce, the potential for them to not receive the support they need, and the potential for them to be affected by the distribution of joint assets.

Q: Can a couple get a divorce outside the court if they have a joint business or property?

A: No, a couple cannot get a divorce outside the court if they have a joint business or property, and they must follow the laws and regulations of their respective countries to distribute the assets.

Q: Is divorce outside the court a private matter?

A: No, divorce outside the court is not a private matter, and it can have consequences for both parties and their families.

Q: Can a couple get a divorce outside the court if they are not in agreement?

A: No, a couple cannot get a divorce outside the court if they are not in agreement, and they must follow the laws and regulations of their respective countries to get a divorce.

Q: What are the consequences of getting a divorce outside the court for the husband?

A: The consequences of getting a divorce outside the court for the husband include the potential for him to not receive mut'ah from his ex-wife, the potential for him to not have custody of the children, and the potential for him to be affected by the distribution of joint assets.

Q: Can a couple get a divorce outside the court if they have a valid reason for it and are in agreement?

A: Yes, a couple can get a divorce outside the court if they have a valid reason for it and are in agreement, but this must be agreed upon by both parties and must not violate the principles of Islamic law.

Q: Is divorce outside the court a simple process?

A: No, divorce outside the court is not a simple process, and it can lead to further complications and difficulties in the future.

Q: Can a couple get a divorce outside the court if they are not in a good financial situation?

A: No, a couple cannot get a divorce outside the court if they are not in a good financial situation, and they must follow the laws and regulations of their respective countries to get a divorce.

Q: What are the consequences of getting a divorce outside the court for the wife?

A: The consequences of getting a divorce outside the court for the wife include the potential for her to not receive mut'ah from her ex-husband, the potential for her to not have custody of the children, and the potential for her to be affected by the distribution of joint assets.

Q: Can a couple get a divorce outside the court if they have a valid reason for it and are in agreement, but are not Muslim?

A: No, a couple who are not Muslim cannot get a divorce outside the court according to Islamic law, and they must follow the laws and regulations of their respective countries.

Q: Is divorce outside the court a permanent solution for the wife?

A: No, divorce outside the court is not a permanent solution for the wife, and it can lead to further complications and difficulties in the future.

Q: Can a couple get a divorce outside the court if they are not in a good emotional situation?

A: No, a couple cannot get a divorce outside the court if they are not in a good emotional situation, and they must follow the laws and regulations of their respective countries to get a divorce.

Q: What are the consequences of getting a divorce outside the court for the children's education?

A: The consequences of getting a divorce outside the court for the children's education include the potential for them to be affected by the divorce, the potential for them to not receive the support they need, and the potential for them to be affected by the distribution of joint assets.

Q: Can a couple get a divorce outside the court if they have a valid reason for it and are in agreement, but are not in a good financial situation?

A: No, a couple cannot get a divorce outside the court if they are not in a good financial situation, and they must follow the laws and regulations of their respective countries to get a divorce.

Q: Is divorce outside the court a simple process for the husband?

A: No, divorce outside the court is not a simple process for the husband, and it can lead to further complications and difficulties in the future.

Q: Can a couple get a divorce outside the court if they are not in a good emotional situation, but are in agreement?

A: No, a couple cannot get a divorce outside the court if they are not in a good emotional situation, and they must follow the laws and regulations of their respective countries to get a divorce.

Q: What are the consequences of getting a divorce outside the court for the wife's career?

A: The consequences of getting a divorce outside the court for the wife's career include the potential for her to be affected by the divorce, the potential for her to not receive the support she needs, and the potential for her to be affected by the distribution of joint assets.

Q: Can a couple get a divorce outside the court if they have a valid reason for it and are in agreement, but are not in a good financial situation, but are not Muslim?

A: No, a couple who are not Muslim cannot get a divorce outside the court according to Islamic law, and they must follow the laws and regulations of their respective countries.

Q: Is divorce outside the court a permanent solution for the husband?

A: No, divorce outside the court is not a permanent solution for the husband, and it can lead to further complications and difficulties in the future.

Q: Can a couple get a divorce outside the court if they are not in a good emotional situation, but are in agreement, but are not in a good financial situation?

A: No, a couple cannot get a divorce outside the court if they are not in a good financial situation, and they must follow the laws and regulations of their respective countries to get a divorce.

Q: What are the consequences of getting a divorce outside the court for the children's well-being?

A: The consequences of getting a divorce outside the court for the children's well-being include the potential for them to be