Proceedings of the First International Conference on Technology and Educational Science, ICSTES 2018, November 21-22 2018, Bali, Indonesia

Research Article

The Problems With the Cancellation of the Pledge of Talaq in Religious Courts

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  • @INPROCEEDINGS{10.4108/eai.21-11-2018.2282272,
        author={Ahmad Jamaludin},
        title={The Problems With the Cancellation of the Pledge of Talaq in Religious Courts},
        proceedings={Proceedings of the First International Conference on Technology and Educational Science, ICSTES 2018, November 21-22 2018, Bali, Indonesia},
        publisher={EAI},
        proceedings_a={ICTES},
        year={2019},
        month={3},
        keywords={the pledge of talaq marriage law and religious court},
        doi={10.4108/eai.21-11-2018.2282272}
    }
    
  • Ahmad Jamaludin
    Year: 2019
    The Problems With the Cancellation of the Pledge of Talaq in Religious Courts
    ICTES
    EAI
    DOI: 10.4108/eai.21-11-2018.2282272
Ahmad Jamaludin1,*
  • 1: Islam Nusantara University
*Contact email: a.jamaludin@gmail.com

Abstract

Pledging talaq in the case of divorce lawsuit filed by a husband against the wife in religious courts is substantial. When a husband does not pledge the talaq due to the reconciliation possibility, has positive impact for the marital relationship. However when a husband does not pledge in order to delay or slowing the process thus the divorce remains absence untill the value of pledge invalid and the household bond remains intact, this phenomenom will cause the law uncertainity and injustice for the wife. The purpose of this research is (1)to discover and analyze the regulation of the talaq pledge cancellation in religious court (2)to discover and analyze the legal consequances of the law toward the talaq pledge cancellation with normative juridical method. The results of this research state that (1)the talaq pledge cancellation at religious court regulated in Article 131 of the compilation of Islamic Law but the details of administrative sanctions given to the husband due to the absence of pledging the talaq in order to delay or slowing the process is not regulated and (2) the consequences of the cancellation of the pledge of talaq in religious court can cause legal uncertainty and injustice to the wife due to the absence of divorce thus the houshold bond remains intact and no sanctions are set for the husband. The benefits of this research are to contribute in the form of empirical ideas and findings, specifically regarding the practice of pledging talaq in religious courts