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

Jamaludin, Ahmad (2019) The Problems With the Cancellation of the Pledge of Talaq in Religious Courts. In: ICSTES 2018, 21-22 November 2018, Bali, Indonesia.

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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

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: the pledge of talaq marriage law and religious court
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 08 Nov 2021 07:16
Last Modified: 08 Nov 2021 07:16
URI: https://eprints.eudl.eu/id/eprint/7918

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