AT-TAFRĪQ AL-QADHĀ’I AND THE RELIGIOUS COURTS’ AUTHORITY IN DECIDING A DIVORCE

Abstract

One of the reasons for the broken marriage is a talāq as a husband's prerogative right. However, in some conditions the talāq is not done by the husband even though the marriage relationship has lost its essence and has gone bad. It is called at-tafrīq al-qadhā’i which is a way out for the husband's arbitrariness that the Judge is given the authority to terminate the marriage relationship even without the husband’s willingness. This research used a library research method. This research was normative juridical law research and it was analyzed using descriptive-analytic methods. From this research it was found that the Judiciary was authorized to break the rope of marriage through at-tafrīq al-qadhā’i under certain circumstances to protect the wives’ rights. The authority was not only legally valid in the state law but also had its legitimacy regulated in fiqh.