Ta’lik Talak as a Reason for Divorce in the Religious Court Reviewed from Maslahah Mursalah

Abstract

Nations in the world recognize that marriage and divorce have developed according to the development of science, namely that these two things have been institutionalized for the sake of order and order in society. As for divorce, according to Islamic law, which in Arabic is the same as the word Thalak, namely from the word Ithlak which means to let go or leave. In terms of thalak, it means releasing the marriage bond or dissolving the marital relationship. Human benefit is actual and never-ending. People who investigate the formation of laws carried out by mujtahids have formulated various laws in an effort to seek benefit. This is related to the issue of takliktalak for which there is no demand in the Koran or Sunnah, and if the institution of takliktalak does not exist then justice seekers will experience difficulties. By means of maslahah murlah, the institution of taklik talak can be accepted and needed by the general public, especially the Muslim community. Taklik talak based on maslahah murrasa can be justified and is lawful for justice seekers to file a divorce suit on the grounds of violation of taklik talak. Our advice to PPNs and PPN assistants in remote areas of the country is that every marriage after the marriage ceremony is followed by the reading of the sighat taklik talak. Thus, the alternative reason for divorce with taklik talak does not close the legal door based on considerations of the maslahah mursalah.