In Islamic law, divorce is known as talaq and khuluk. Talaq is a divorce whose initiative comes from the husband, while Khuluk is a divorce with the initiative of the wife. However, a family that is divorced using Islamic law will be troublesome for both parties, because the Islamic law of a divorce only uses no verbal one which legally states divorce. Therefore, in Indonesia, a law on divorce has been made so that neither party is harmed by the divorce or does not make it difficult for both parties if they want to remarry and also does not make it difficult for children to earn a living from their biological father. Divorce is a legal event, and then it should be an event carried out in accordance with rules of legal and judicial procedures. Otherwise it will result in lack recognized a divorce, this is in line with what is mandated in Law No. 1 of 1974 on article 38 and 39. Covid 19 has increased divorce in Indonesia by 5%, because some families experience difficulties in the economy. Divorce is often regarded as the best solution to end a marriage even though there will be consequences divorce, especially regarding the problems of the two children both morally and materially. The purpose of this journal is to explain some of the impacts that will be obtained, in the event of a divorce. In conclusion, a divorce has a negative impact, especially on children.
| Published in | International Journal of Law and Society (Volume 5, Issue 2) |
| DOI | 10.11648/j.ijls.20220502.17 |
| Page(s) | 198-202 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2024. Published by Science Publishing Group |
Talak, Khuluk, Divorce
| [1] | Alfa, Fatur Rahman, “PERNIKAHAN DINI DAN PERCERAIAN DI INDONESIA” [EARLY MARRIAGE AND DIVORCE IN INDONESIA], Jurnal Ilmiah Ahwal Syakhshiyyah Volume 1 Nomor 1, 2019, hlm. 51. |
| [2] | Anderson, J. N. D., “Hukum Islam Di Dunia Modern” [Islamic Law in the Modern World], (Surabaya: Cv. Amar Press, 1991), hlm. 57. |
| [3] | Azizah, Rina Nur, “Dampak Perceraian Orangtua terhadap Perkembangan Psikologis Anak” [Impact of Parental Divorce on Child Psychological Development]: Jurnal Al-Ibrah, vol. 2 no. 2, Desember 2017, hal 169- 170. |
| [4] | Hammad, Muchammad, “Hak-Hak Perempuan Pasca Perceraian: Nafkah Iddah Talak dalam Hukum Keluarga Muslim Indonesia, Malaysia, dan Yordania” [Post-Divorce Women's Rights: Live Iddah Talak in Indonesian, Malaysian, and Jordanian Muslim Family Law]: Jurnal Al-Ahwal, Vol. 7 No. 1, 2014, hlm. 194. |
| [5] | Hanifah, Mardalena, “Perkawinan Beda Agama Ditinjau dari Undang- Undang Nomor 1 Tahun 1974 Tentang Perkawinan” [Interfaith Marriage Judging from Law Number 1 of 1974 concerning Marriage], SOUMATERA LAW Volume 2 Nomor 2, 2019, hlm. 300. |
| [6] | Hasanah, Uswatun, ‘Pengaruh Perceraian Orangtua bagi Psikologis Anak” [The Effect of Parental Divorce on Child Psychology]: Jurnal Analisis Gender dan Agama, vol. 2 no. 1, Juli-Desember 2019, hal 21-22. |
| [7] | Hastuti, Indira, “PERLINDUNGAN HUKUM BAGI SUAMI ISTERI DALAM PELAKSANAAN PERJANJIAN PERKAWINAN MENURUT HUKUM ISLAM” [LEGAL PROTECTION FOR HUSBAND AND WIFE IN IMPLEMENTATION OF MARRIAGE AGREEMENTS ACCORDING TO ISLAMIC LAW], Jurnal Hukum dan Dinamika Masyarakat Volume 18 Nomor 1, 2020, hlm. 64. |
| [8] | Hayati, Vivi, “Dampak Yuridis Perceraian di Luar Pengadilan: Jurnal Hukum Samudra Keadilan” [Juridical Impact of Divorce Out of Court: Samudra Justice], vol. 10 no. 2, Juli-Desember 2015, hal 221-222. |
| [9] | Imron, Ali, “Memahami Konsep Perceraian dalam Hukum Keluarga” [Understanding the Concept of Divorce in Family Law], Buana Gender Volume 1 Nomor 1, 2016, hlm. 16. |
| [10] | Jannah, Shofiatul, “PENUNDAAN PERKAWINAN DI TENGAH WABAH COVID-19” [MARRIAGE DELAYING IN THE MIDDLE OF THE COVID-19 OUTBREAK], Jurnal Ilmiah Ahwal Syakhshiyyah Volume 2 Nomor 1, 2020, hlm. 46. |
| [11] | Muhammad, Kamil ‘Uwaidah, al-Jami’ fi Fiqh an-Nisa’ (Libanon, Dar Al- Kutub Al-‘Ilmiyah, 1996), hlm. 461-462. |
| [12] | Retnowulandari, Wahyuni, “Pengetahuan harta Benda Perkawinan akibat Perceraian” [Knowledge of Marital Property due to Divorce]: Jurnal Abdimas dan Kearifan Lokal, vol. 1 no. 1, Agustus 2020, hal 43-44. |
| [13] | Siregar, Ramadhan Syahmedi, “Dampak Perceraian yang Tidak Sesuai dengan Prosedur Perundang-undangan” [Impact of Divorce Not in accordance with Legislative Procedures]: Jurnal Fitrah, vol. 1 no. 1, Januari-Juli 2015, hal 168. |
| [14] | Surbakti, EB, “Sudah Siapkah Menikah” [Already to Get Married], (Jakarta: PT Alex Media Komputindo, 2008), hal 326. |
| [15] | Sururie, Ramdani Wahyu, “Polemik Di Seputar Hukum Isbat Nikah Dalam Sistem Hukum Perkawinan Indonesia” [Pollemic Around The Isbat Of Marriage Law In The Indonesian Marriage Law System], Al-Manahij Volume XI Nomor 2, 2017, hlm. 234. |
| [16] | Untari, Ida, “Dampak Perceraian Orangtua Terhadap Kesehatan Psikologis Remaja” [Impact of Parental Divorce on Adolescent Psychological Health]: Jurnal Profesional Islam, vol. 15 no. 2, 2018, hal 105. |
APA Style
Aziizah Nur Fauzi, Muhammad Irfan Syaifuddin, Atika Suri Nur Fauziah, Umma Ainayah. (2022). Analysis of the Rise of Divorce Cases During the COVID-19 Pandemic. International Journal of Law and Society, 5(2), 198-202. https://doi.org/10.11648/j.ijls.20220502.17
ACS Style
Aziizah Nur Fauzi; Muhammad Irfan Syaifuddin; Atika Suri Nur Fauziah; Umma Ainayah. Analysis of the Rise of Divorce Cases During the COVID-19 Pandemic. Int. J. Law Soc. 2022, 5(2), 198-202. doi: 10.11648/j.ijls.20220502.17
Share This Article
Twitter
Linked In
Facebook
Copy
Download@article{10.11648/j.ijls.20220502.17,
author = {Aziizah Nur Fauzi and Muhammad Irfan Syaifuddin and Atika Suri Nur Fauziah and Umma Ainayah},
title = {Analysis of the Rise of Divorce Cases During the COVID-19 Pandemic},
journal = {International Journal of Law and Society},
volume = {5},
number = {2},
pages = {198-202},
doi = {10.11648/j.ijls.20220502.17},
url = {https://doi.org/10.11648/j.ijls.20220502.17},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220502.17},
abstract = {In Islamic law, divorce is known as talaq and khuluk. Talaq is a divorce whose initiative comes from the husband, while Khuluk is a divorce with the initiative of the wife. However, a family that is divorced using Islamic law will be troublesome for both parties, because the Islamic law of a divorce only uses no verbal one which legally states divorce. Therefore, in Indonesia, a law on divorce has been made so that neither party is harmed by the divorce or does not make it difficult for both parties if they want to remarry and also does not make it difficult for children to earn a living from their biological father. Divorce is a legal event, and then it should be an event carried out in accordance with rules of legal and judicial procedures. Otherwise it will result in lack recognized a divorce, this is in line with what is mandated in Law No. 1 of 1974 on article 38 and 39. Covid 19 has increased divorce in Indonesia by 5%, because some families experience difficulties in the economy. Divorce is often regarded as the best solution to end a marriage even though there will be consequences divorce, especially regarding the problems of the two children both morally and materially. The purpose of this journal is to explain some of the impacts that will be obtained, in the event of a divorce. In conclusion, a divorce has a negative impact, especially on children.},
year = {2022}
}
TY - JOUR T1 - Analysis of the Rise of Divorce Cases During the COVID-19 Pandemic AU - Aziizah Nur Fauzi AU - Muhammad Irfan Syaifuddin AU - Atika Suri Nur Fauziah AU - Umma Ainayah Y1 - 2022/05/26 PY - 2022 N1 - https://doi.org/10.11648/j.ijls.20220502.17 DO - 10.11648/j.ijls.20220502.17 T2 - International Journal of Law and Society JF - International Journal of Law and Society JO - International Journal of Law and Society SP - 198 EP - 202 PB - Science Publishing Group SN - 2640-1908 UR - https://doi.org/10.11648/j.ijls.20220502.17 AB - In Islamic law, divorce is known as talaq and khuluk. Talaq is a divorce whose initiative comes from the husband, while Khuluk is a divorce with the initiative of the wife. However, a family that is divorced using Islamic law will be troublesome for both parties, because the Islamic law of a divorce only uses no verbal one which legally states divorce. Therefore, in Indonesia, a law on divorce has been made so that neither party is harmed by the divorce or does not make it difficult for both parties if they want to remarry and also does not make it difficult for children to earn a living from their biological father. Divorce is a legal event, and then it should be an event carried out in accordance with rules of legal and judicial procedures. Otherwise it will result in lack recognized a divorce, this is in line with what is mandated in Law No. 1 of 1974 on article 38 and 39. Covid 19 has increased divorce in Indonesia by 5%, because some families experience difficulties in the economy. Divorce is often regarded as the best solution to end a marriage even though there will be consequences divorce, especially regarding the problems of the two children both morally and materially. The purpose of this journal is to explain some of the impacts that will be obtained, in the event of a divorce. In conclusion, a divorce has a negative impact, especially on children. VL - 5 IS - 2 ER -
Information
Email: