Analisis Mashlahat Tentang Taklik Thalak Sebagai Alasan Gugatan Perceraian Dalam KHI Pasal 51
Year: 2024
Type: article
Abstract: This study analyzes the concept of maslahah (public interest) concerning taklik talak as a basis for filing a divorce claim under Article 51 of the Compilation of Islamic Law (KHI). Taklik talak refers to a conditional promise made by the husband after the marriage contract, which, if violated, grants the wife the right to seek a divorce. The focus of this research is on how the concept of maslahah—ensuring benefit and preventing harm—serves as the foundation for applying taklik talak as a legitimate reason for divorce. The research employs a normative legal method through textual analysis and literature review. The findings reveal that the application of taklik talak in the KHI aims to protect the rights of wives and ensure justice within marriage. The concept of maslahah supports divorce based on taklik talak as a solution when one party suffers harm or injustice in the marital relationship. Thus, the use of taklik talak functions not only as legal protection for the wife but also as an effort to maintain balance in family life in accordance with Islamic law principles.
Source: Jurnal Landraad
DOI: 10.59342/jl.v3i2.696
Author: Irvan Agusnadi
Institution: Institut Syekh Abdul Halim Hasan Binjai
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409798325