Islam, Fatwa dan Negara

Meretas Pluralisme Hukum Perceraian di Aceh

Bibliographic Data

ID22332829
AuthorsMuhazir Muhazir (0000-0001-7950-8349, IAIN Palangka Raya, corresponding author)
Year2021
Volume15
Issue2
Pages233-248
Publication date2021-12-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueAl-Manahij: Jurnal Kajian Hukum Islam (JOURNAL)
Journal identifiersISSN: 1978-6670 • E-ISSN: 2579-4167
PublisherUIN Prof. K.H. Saifuddin Zuhri (PUBLISHER)
DOI10.24090/mnh.v15i2.5150
OpenAlexW3216604951
LanguageEN
Citations received3
References cited17

The pluralism of divorce in Aceh has had an impact on the current practice of divorce. Fatwa, Jurisprudence, and the State also color the pluralism of divorce law, each of which has a normative and sociological power base. The Aceh MPU's fatwa tends to legitimize divorce regulated in fiqh books while the State has a different view of divorce law. This paper is a doctrinal study with a legal pluralism approach. This article argues that in substance there is a significant difference between the divorce provisions in the fatwa, fiqh, and state law. Fatwa and fiqh share the same view that divorce without witnesses and taking place outside the court is still valid, as well as triple talaq, whether pronounced cumulatively or separately, is still subject to triple talaq, this provision is different from divorce law which is regulated by the state and practiced in religious courts

Epistemology · Fiqh · Islam · Jurisprudence · Legal pluralism · Legal realism · Legal research · Normative · Political science · Sharia · Sociology · Theology · Gender and Women's Rights · Law · Legal Studies and Policies · Marriage and Family Dynamics · Mathematics · Philosophy

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