THE EFFORT OF JUDGES IN FINDING THE SOLUTION OF DIVORCE CASE WITH RECONCILIATION VERDICT REFERS TO MAQASID AL-SHARIA PERSPECTIVE (Case Study at The Religious Court of Polewali Class 1 B)

  • Zulkifli Achmad Postgraduate of Alauddin State Islamic University of Makassar
    (ID)
  • Supardin Lecturer at the Faculty of Sharia and Law UIN Alauddin Makassar
    (ID)
  • Asni Lecturer at the Faculty of Sharia and Law UIN Alauddin Makassar
    (ID)
Keywords: Divorce, Religious Court, Maqāṣid Al-Sharīa

Abstract

The research aims to know the reasoning factors that divorcement is happened in Polewali’s Religious Court Class 1B, to know the factors which affect the action implemented by the judge in finding the solutions of divorcement case that will be ended peacefully to both sides in Religious Court Class 1B with reference to Maqasid al-Sharia. This research uses a Qualitative research by pairing with the research field. It also uses a sociological approach and normative. The result shows that firstly, the factors that cause the divorcement in Religious Courts Class 1 B among them is the lack of religious’ understanding. Secondly, the procedures and efforts implemented by the judge in finding the solutions of divorcement case that will be ended peacefully refer to the jobs and functions. Thirdly, the understanding to the husband and wife and family related to religious knowledges refer to the kindness concept in Maqasid al-Sharia.

References

Al-Anshari. Syekh Zakaria Fathul Wahab. Juz II1994: Beirut, Darul Fikr.

Republik Indonesia. Basic Constitution of 1945, No. 1 Year of 1974, No.1, Year 1974, Article 39.

Republik Indonesia. Presidential Instruction number 54 year 1991 about The Islamic Law Compilation (KHI) Article 116.

Roihan A. Rasyid. The Procedural Law of Religious Court. Jakarta: Publish Raja Grafindo Persada, 2000.

Nurhalisa, Eka. “Implementation of mediation in Civilian Cases in the perspective of Maqasid Sharia According to Al-Syatibi”. Intizar 26, no.2 (2020) P. 96-97.

Mannan, Abdul. Various Materials of Legal Issues in the Practice of Religious Court. Jakarta: Pustaka Bangsa,2000.

Harahap, M. Yahya. Discussion of National Marriage Law Based on Law Number 1 of 1974 and Government Regulation Number 9 of 1975 (Medan: CV. Zahir Trading. Co, 1993) P. 267.

Soetanto, Retnowulan. Various Divorce Law in Indonesia. Jakarta: Ghalia Indonesia, 1982.

Handayani, Febri &Syafliwar. “Implementation of Mediation in the Settlement of Divorce Cases in the Religious Courts” Jurnal al-Himayah, vol. 1 no. 2 (2017), P. 234.

Nashif, Mansyur Ali. The Principles of Hadith from Rasulullah SAW. Volume 2. Bandung: SinarBaruAlgensindo, 1993.

Firiana, Diana. “The Factors of Successful Mediation in Divorce Cases”, De Jure Muhammadiyah Cirebon III, no.2 (2019): P. 60-61.

Published
2022-12-31
How to Cite
Achmad, Zulkifli, Supardin Supardin, and Asni Asni. “THE EFFORT OF JUDGES IN FINDING THE SOLUTION OF DIVORCE CASE WITH RECONCILIATION VERDICT REFERS TO MAQASID AL-SHARIA PERSPECTIVE (Case Study at The Religious Court of Polewali Class 1 B)”. International Journal of Islamic Studies 2, no. 2 (December 31, 2022): 179-190. Accessed November 5, 2024. https://journal3.uin-alauddin.ac.id/index.php/ijis/article/view/35050.
Section
Artikel
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