YURIDISI PERCERAIAN DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM (KHI) DI INDONESIA

Abstract

Basically, in Islam justifying a husband who is going to divorce his wife is only enough to say it
in front of his wife or another person (witnesses) then divorce falls, but in state life, one must obey government
regulations, as long as they do not conflict with Islamic law itself because obedience to the government is part
of the obligation as a Muslim. The government established a regulation on divorce with the aim of orderly
administration as well as the problem of registering marriages, and childbirths and making divorce difficult.
This is basically to the principles of Islamic law regarding divorce, namely making it difficult for divorce to
occur. In addition to the principle of complicating divorce, the government issued the regulation also has a
legal goal that KHI (Compilation of the Islamic law) rules are in line with the concept of maqasid
syariah including at the center the principles of protecting religion, protecting the soul, protecting the mind,
protecting offspring, and protecting private property rights. With the existence of these principles and concepts,
the decisions of the Religious Courts in divorce cases that occur in the community become inkracht. The
Court's decision in divorce cases is to maintain legal certainty that will occur after the divorce, namely
protecting the rights and obligations of husband and wife, and protecting the rights of their offspring
(children). Divorce if it occurs outside the court according to KHI is not justified, this is to the contents of
Article 115 KHI which states that divorce can only be done before a court hearing after the court has tried
and failed to reconcile the two parties. In terms of data collection techniques, the authors use library research,
namely by studying books and journals that have something to do with the subject matter. From the results
of the research that there are still many people who think that divorce can be done anywhere, and this
hinders the renewal of Islamic law. Divorce which is carried out in front of a court session aims to realize
benefits in the form of protection for family institutions and the realization of legal certainty where marriage
is not so easily broken. The KHI does not regulate the legalization of divorces that are carried out outside
the Court. This is based on Article 115 KHI that divorce must be carried out before a court hearing.