Taklik Talak Sebagai Alasan Perceraian (Tinjauan Hukum Islam dan Hukum Positif)

Abstract

The type of the research is a library research. This study refers to the literature related to the problem. The method used in collecting data is by library survey by recording, collecting, reading and understanding related literature in research subject. Then in the data analysis technique the author uses the method normatively with the theoretical foundations that exist so it can be arranged into a systematic sequence in accordance with research procedures.
From the results of research, the history of taklik talak in Indonesia has been long conducted along with the entry of Islam in Indonesia. Although there is no authentic data concerning the origin of taklik talak in Indonesia, so that it is not made in the law, but it is only explicitly stated that Clause 2 Verse 1: marriage is legal if done according to the law of each religion and belief.
So taklik talak is legitimate because it is in accordance with Islam. Regarding the relationship between Compilation of Islamic Law (KHI) and Indonesian Law No.1 1974 about marriage in the arrangement of taklik talak which can be seen from the Compilation of Islamic Law which categorizes in taklik talak into chapter of marriage agreement but in accordance with the words "according to the law of each religion." Because taklik talak in marriage is not only the act of law but also act of religious. According to the review of Islamic law and the positive law, taklik talak principly is a self agreement. Taklik talak agreement must be obeyed and not just as a casual statement, because wife has the right to bring the case up to the Religious Courts, as one of the reasons for the divorce.