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Al-Hamid Al-Husein. Ibrahim Hosen, mentioned that "the pronunciation of sighat ta'liq talaq, which are historically there to protect the rights of women wife which at that time there is no legislation about it, now sighat ta'liq talaq pronunciation is no longer needed. For guidance toward the formation of happy family has been in the form of BP4 from the central level up to the district level. As it can be seen in Article 46 Paragraph 3 that, "The tapless engagement agreement is not a treaty that must be held at every marriage, but once the taklik talak has been pledged irrevocably.
The taklik talak applicable in Indonesia has been arranged in such a way and to facilitate its implementation has provided the text containing the terms of writing and VAT offers only to the bride whether or not read by taklik talak. When the taklik talak is used then it will be included in the marriage book and will be signed husband as a proof that the husband's promise before the wife. If the husband is not willing to read the taklik talak in the wedding, then the taklik talak texts are then being crossed out by the officer as a sign the husband did not want to read the taklik talak.
Since the reading of taklik talak is only a recommendation, then the husband was entitled not to read it in front of the bride. Even Among the allowable, there are two opinions. Some allow absolute and some allowed it under certain conditions.
The difference of ideology among those who allow it, basically lies in the form of the properties and sighat taklik talak in question. Allowing absolute permission, they permit all forms of sighat taklik, both syarthi and qasami, which are general or attributed to something. The one allowed is sighat taklik which is syarthi, and in accordance with the purpose of legal purpose syar "i.
The legislator considers that the divorce is based on the explanation of Article 39 Paragraph 2 of the Marriage Law jo. Article 19 of Government Regulation Number 9 Year has been sufficient, in accordance with the spirit of the law which among others adheres to the principle of exchanging divorce. So no need to be added or expanded.
In practice in the Religious Courts whether he is a contract or a reason for divorce, the judge explicitly considers it in his judgment. Should the judge sharpen efforts in qualifying the case, so the tendency so far to lead or direct the case of divorce lawsuit into the case taklik talak can be reduced.
Implementation of Sighat Taklik Talak as Reasons for Divorce:- That Muslim jurists are interested in discussing the formulation of shitat taklik talak, the difference between them arises basically lies in the formulation of the promise of taklik talak concerned which until now still color the development of Islamic law.
Ibn Hazm argues that from the two forms of taklik talak, that is taklik qasamy and taklik syarti, are both invalid and his speech has no effect whatsoever, the reason is because Allah has clearly set about the talak while taklik talak there is no guidance in al-Quran nor Al-Sunnah.
Jumhur Ulama Ulama madhhab is of the opinion that if a person has been declared his divorce in his authority and has fulfilled his requirements in accordance with what is desired by each of them then taklik is considered valid for all forms taklik, whether taklik contains oath qasamy or Contains the usual terms. Because the person who did the deed did not drop his talak when the person said it, but the person who did the divorce to the fulfillment of the terms mentioned in his utterance.
In the Qur'an itself fair contains many meanings. Fair that has to do with the title of this dissertation quotationist of the word of Allah Swt ;. That meaning can be expressed either in qualitative or quantitative terms, which refers to the principle of abstract equations, ie, equality before the law.
Justice here is meant as an impartiality, thus gave birth to equality of treatment. This justice also means an impartial attitude and equality of treatment. Factors that may affecting unfair judgments are "legal substance", and "legal structure", and "legal culture".
Reconstruction of merged values Distribution of property due to divorce is done on the basis of its contribution with due regard to its benefits and disadvantages. When the sighat taklik talak enters into a covenant in marriage, By adhering to the principle of equal freedom and rights in making the covenant, on the other hand by the execution of marriage in the presence of the Official Recording Officer, has spawned the rights and obligations as husband and wife as outlined by Law Number.
In the community there may be a point of tangency between the principle of freedom of agreement with the rights and obligations set by the law. Or if the content or if the contents of the agreement is violated is there a money effort can be done by the party who feels aggrieved, can he file a civil suit or raised the breach of the marriage agreement as the reason for the divorce?
UUP does not give clear restrictions on the coverage of marriage agreements. In his explanation only mentioned, that what is meant by "agreement" in this article does not include taklik talak. The Compilation of Islamic Law KHI is then clarified in Article 45 which states: "The two prospective brides may enter into a marriage agreement in the form of 1 taklik talak 2 other agreements which are not contrary to Islamic law.
If what is desired with taklik talak is what is commonly pronounced after the marriage contract, then we can account for unilateral legal action eenzijdig , in which the husband makes a promise relating to his own circumstances. When it says that a married couple has made a marriage contract, then it means they have committed themselves according to the conformity of the will.
Regarding taklik talal as the reason for divorce, the formulation of sighat taklik talak in the Marriage Act if it is used as divorce for wife followed by the wife's willingness to pay the iwadl ransom money as mentioned in the marriage certificate, the court in the name of the husband will drop the divorce One khul'i to the wife. According to the legal concept of both formal and material, there is a controversy within the KHI, the reason for divorce with taklik talak is limited to the reason, regarding the way there appears to be no explanation, while the divorce with khulu' KHI arranges it in article Khulu' is a new type or divorce procedure introduced by KHI.
In fiqh, khulu 'is a divorce on the wife's initiative and for that she must give some payment compensation to her husband. The rule of jurisprudence certainly can not be followed KHI perfectly because the existing legislation stipulates that the divorce must be on the grounds, should not be based on the agreement alone and must be in front of the court. Based on the description above the reconstruction of sighat talak based on the value of justice as the reason for divorce in the Religious Courts based on the value of justice to realize the protection for the wife and husband in a balanced manner.
Before Reconstruction Weaknessess Justice-value Reconstruction 1. Shigat Taklik Talak in Deed of 1. In practice , often occurs 1. Sighat Taklik must be formulated as a Marriage in accordance with the where Husband is ordered marriage agreement as article 45 and provisions of the Minister of to Sighat Talak by the article 46 KHI jo. Article 11 of Religious Affairs No. So that as follows: 2.
Husbands does not read the there is a balance between husband and "After the marriage ceremony, I Sighat Taklik Talak are not defined by my duty as a husband, and will be sign it. A Promise established by by husband and wife with balance of with good will.. Unilateral pledge to wife. Next I say that at any time if i: safeguard the rights of the 3.
Divorce by reason of Taklik Talak is not 1. Leave my wife two years in a wife, therefore if the only limited to wife, but also husband.
Or I do not give a mandatory and sign according to the divorce by reason of the violation of the need to her three months Permenag no. Or I hurt my wife's physical file a case to the Religious wife who filed and Talak Raji ', and body, Court in order to make Fasakh if the husband is the one who filed. Or I let neglecting my wife for six Sighat Taklik Talak. Who can use divorce and complain to the religious court reasons with violation or officer who is given the right to Taklik Talak only wife In handle the complaint, and the the Religious Courts all complaint is justified and accepted divorce by reason of by the court or officer, and my wife violating Taklik Talak, paid the money of Rp.
And according to Article 11 paragraph 3 , the agreement of the Taklik Talak is considered valid if the agreement is read and signed by the husband after the marriage ceremony is held. Divorce with violation of Sighat Taklik Talak as article 19 letter b or letter d jo. Sighat taklik talak becomes mafsadah when used to engineer a means to divorce by the reason of violating taklik talak.
The Registrar should be more careful in noting and listing the divorce notices, as this is a formation of a new law. The judge in examining and adjudicating divorce with taklik talak not only examines and considers the violation of taklik talak, but also in creating a new law of taklik talak.
So that there is a balance between husband and wife rights and obligations. References:- Books:- 1. Achmad Ali SH. Dedy N. Every Fiqh ruling in the book goes back to the Qur'an and Sunnah and Sabiq dealt with all four madhahib objectively, with no preferential treatment to any. Sabiq also wrote the book, "Islamic Theology," along the same lines: Besides his academic work, Sabiq was a noted Islamic activist.
After writing Fiqh As-Sunnah, Sabiq spent some time fighting along with the Mujahideen in Palestine in the late 's and he later visited most countries in the world and lectured in their mosques. He was the first graduate of Azhar to visit the Soviet Union and check on the conditions of Muslims there. Sabiq was born in in the Egyptian village, Istanha. Zarabozo The Contents of the 5 Volumes in this Book. Volume 1: Hajj and 'Umrah Pilgrimage: The hajj of the Prophet peace be upon him Mawaquit: Reviews Review Policy.
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