Mengkaji ulang hukum acara perceraian di pengadilan agama

Abdullah Gofar

Abstract


Procedural legal issues of religion in resolving divorce cases still using prosedural of civil law (H.I.R and
R.B.Bg). Size of formal mechanistic truths, so the more important aspects of the divorce prosess legal
certainty and axpediancy, however, rule out the maslahat aspect, in accordance with the value of Islamic
law. The research objective is to examine the application of civil law in the process of divorce in western
religious courts that have shifted, so the procedural law can not be used to answer problems in areas of
family law. Research methodology using normative judicial approach to secondary data laws and judicial
decisions of religion. Procedural law religious marriage in Islamic can not be measurred by mere formal
proof, but there are aspects of the sacred reality can not be measured from a mere formal proof.
Enforcement of civil law aspect “mutatis mutandis”, it did not touch the substantial aspects the
“mashlahat” aspect. Implications of the case, that the rule of law in judicial process likely to lead to
desecularization religious law of Islamic, not the desration of Islamic law.

Keywords


Procedural law; Divorce; Religious court

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DOI: https://doi.org/10.18326/ijtihad.v13i1.105-124

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