Penilaian Lafaz Sorih Dan Kinayah Dalam Pengesahan Talak Tiga Sekali Lafaz Di Mahkamah Syariah

Abstract

The dissolution of marriage through triple divorce at once is one of the matter debated among the fuqaha. This disagreement also shaping the decisions of Syariah Court in making the verification of the talak pronunciation. Therefore, this paper aims to discuss the law of dissolution of marriage through triple divorce at once according to Islamic law and to analyze the decision of the Syariah Court in assessing pronunciation sorih and kinayah in the case of triple divorce at once. This study uses document analysis methods. The findings found that Syariah judges during the trial more likely to submit three talak for sorih pronunciation like triple divorce at once compared to Syarie Judges during appeal that does not continue to submit three talak unless proven occurence of three talak. For the kinayah pronunciation like repeated divorce at a time, Syarie judges during trial found less careful in reviewing the pronunciation compared to Syariah judges during appeal seen more careful and thorough with regard to particular aspects before making a decision. Taking to consideration the intent can help the Court make decisions more accurately and fairly.