Exploring Maqasid ShariÔÇÖah in Divorce Law: Self-Efficacy and the Marital Choices of InmatesÔÇÖ Wives

Abstrak

Abstract: This study discusses the problem of wives who persist in marriage even if their husbands are sentenced to five years or more in prison. The problem in this thesis is how the forms of self-efficacy applied by the inmates' wives and the factors behind their decision not to sue for divorce, by referring to Law No. 16 of 2019 amendments to Law No. 1 of 1974 concerning marriage in Article 39 Letter c and Government Regulation No. 9 of 1975. This type of research is an empirical juridical research using a qualitative typology approach. The primary data source of this study is the wife, and the secondary data source of the child, parents, niniak mamak, then other references related to the research. The results of the study show that the forms of self-efficacy applied by inmates' wives include tenacity in dealing with pressure, taking over the responsibilities of their husbands, and the ability to adapt to the social environment. In addition, there are two main factors that affect the wife's decision not to file for divorce, namely internal and external factors. Internal factors include religious understanding, consideration for children, loyalty, and ignorance of the rule of law. Meanwhile, external factors include cultural influences and pressure from the family. Based on the analysis, the self-efficacy applied by the inmate's wife in maintaining the family has not reached an emergency condition or leads to significant harm and still maintains the benefits of the family. Thus, the law of divorce in the survival of the inmate's wife with self-efficacy is determined by the benefits and harms that arise. If it brings benefits, divorce is allowed (Mubah), but if it persists, it causes great harm, then divorce becomes mandatory in accordance with Maqasid Shari'ah and the law that is involved.