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A divorce is the legal (hukum) termination (berakhirnya) of

a marriage by a court in a legal proceeding (melanjutkan),


requiring (menuntut) a petition (permohonan) or complaint for
divorce (or dissolution in some states) by one party.
There are two types of divorce-- fault and no-fault.
1. A fault (kegagalan-kesalahn) divorce is a judicial
termination(berakhirnya) of a marriage
based( didasarkan) on marital (kesulitan) misconduct
(ketidaksennonohan) or other statutory(menurut
peraturan) cause requiring proof (bukti) in a court of
law by the divorcing (penggugat/ yang mnceraikan)
party that the divorcee had done one of
several(beberapa orang) enumerated (menyebutkan)
things(beberapa hal) as sufficient (ckup) grounds for the
divorce. All states (negara) now have adopted some
form of no-fault divorce; although some such as New
York, restrict the availability of no-fault divorce and
retain fault divorce generally.
2. A no-fault divorce is one in which(yang mana) neither
(tidak ada) party is required(mwnuntut) to
prove(membuktikan) fault, and one party must
allege(menyatakan) and testify (memberikan kesaksian)
only that either irretrievable(tdk dapat diperoleh lagi)
breakdown(kerusakan-gangguan) of the marriage or
irreconcilable (tdk dpt di damaikan) differences between
the parties makes termination of the marriage
appropriate (tepat-cocok-). Many states continue to
offer a separation (perpisahan-perceraian) agreement
or decree(memutuskan), under which the right to

cohabitation (hidup bersama sbgai suami istri) is


terminated but the marriage is not dissolved (hancur)
and the marital (berhubungan dg perkawinan) status of
the parties is unaltered.

The basic law of divorce (talaq)


Forbidden (haram): if someone divorces ones wife in
menstruation condition or at the pure time, both of them
have done sex.
Makruh: if divorce is done with no interest or strong reason
(sebab).
Mubah: if its done because there is necessity (kebutuhanterpaksa) such as wife has bad (jahat) attitude (sikap/
struk).
Sunnah: if wife forgets (lupa) her obligation (kewajiban)
unto Allahs rights.
Wajib: for instace husband doing ila refuses (menolak- tdk
patuh) back to his wife. Hffffffffff45rer

Methods of divorce:
Men have the right to divorce. If a man dislikes keeping his
marriage for any reason, he divorces his wife and compensates
her financially by paying her what is termed mut'a payment.
This is in addition to the regular financial sustenance for her

living, in case she has the custody of their children. Divorce


becomes in effect once the husband utters or writes down any
of the legal formulae of divorce such as: I divorce you or you
are divorcedetc. The husband can do these either by himself
or through a messenger.
In case it is the woman's desire to end the marriage, the
situation becomes different. Her reasons might be that she has
received ill treatment, the husband is unable to sustain her
financially or he is sexually impotent. She can prove these
defects in front of the judge, then the judge grants her divorce
with a full access to all her financial rights.
Also, if the husband was good to her but she does not want to
keep on for an emotional reason, then she asks for what is
termed khul'. This means to be granted divorce but without any
access for financial rights, plus paying back the husband the
dowry that he already paid on marrying her.
Categories of divorce:
Divorce is of three categories:

raj'i (returnable).

baynounah soghra (minor separation(perpisahan).

or baynouna kobra (major separation).

In case (perkara) divorce happens through the husband, he can


take his wife back within (dalam) three months. This is without
any legal (undang2) procedures, if they decide(memutuskan) it

- like they regret (menyesali) their rushing(kesibukan) in


divorce. In this case, the divorce is termed (termasuk) as raj'i or
returnable divorce.
But in case of khul', which is the second category, the husband
can't remarry(menikah lagi)

his divorce till (sampai) all the

legal procedures are done, all over again, and the husband
pays new dowry (mahar)for her.
Divorce can happen three times in the couple's (pasangan) all
lifetime. The third divorce falls (jatuh) in the third category,
because they cannot go back to one another, till after the wife
happens to marry someone else, then happens to get
divorced by him. In this case, she can go back to her first
husband. Such a tough rule was made as a punishment and a
way

of

preventing

(menyalah

gunakan)

(mencegah
this

)people

tolerant

ruling

from
of

misusing
permitting

(mengijinkan) divorce. The word happens is parenthesized


because the woman's new marriage and divorce should come
naturally without planning, as many people might do to legalize
her return to the first husband!.
When does divorce become invalid?.
In some cases, uttering the words of divorce become invalid.
Among these cases is when the husband is:.
1.

Drunk.

2.

Forced to utter them by someone else.

3.

In a complete loss of temper to the extent that he is

unaware
4.

of

what

he

is

saying.

In an abnormal state of mind, such as temporary madness,

epilepsy

or

in

coma.

In such cases, divorce is null and void.

Post divorce procedures:


After divorce, it is obligatory for the woman not to get married
to another man, except after three complete menstruation
cycles, if she is not pregnant. If she is, then she has to wait till
she gives birth, so that the paternity of the child is not
confused. This period of time is termed as iddah. However,
even if the woman no longer has menstruations (e.g. after
menopause), she should still wait for three months. So there is
more to the 'iddah than just the issue of paternity.

No-Fault Divorce
No-fault divorce is when neither party involved in the divorce is
required to proof fault of either party. The application for nofault divorce can be filed by one or both of the parties involved.
In the United States, 49 of the 50 states in the Union have
adopted no-fault divorce laws. The grounds for divorcing in the
United States under no-fault divorce laws are irreconcilable

differences, incompatibility, and irremediable breakdown of the


marriage.
At-Fault Divorce
At-fault divorce is the process of divorce that requires one or
both of the parties involved in the divorce to prove which party
was at-fault for the divorce. Only one state in the United States,
New York, still requires fault to be proven during a divorce
proceeding. If fault is not found then the divorce will not be
ratified and the couple will still be legally married. The only way
to end the marriage would be to separate and not live together
anymore. If the couple is separated it means that they are not
legally allowed to marry anyone else. To learn more, please
read New York At Fault Divorce.
Summary Divorce
Summary divorce is when the two parties involved (terlibat) are
able (dapat) to agree on key issues prior to the proceedings or
meet certain eligibility requirements. Some of the key issues for
summary divorce are:
short marriage (five years)
no children (or the couple has already discussed custody
minimal or no real property
marital property is below $35,000 (not including vehicles)

each spouses personal property is the same as marital


property.

In Islam, there are separate (perpisahan) rules for divorce for


men and women under the terms of Islamic law (sharia). When
a man has initiated(mengajukan)

divorce, the procedure is

called alq (Arabic: ). When a woman has initiated a


divorce it is called khula (Arabic: ).

Legality of talak








229. Talak (yang dapat dirujuki) dua kali. setelah itu boleh
rujuk lagi dengan cara yang ma'ruf atau menceraikan dengan
cara yang baik. tidak halal bagi kamu mengambil kembali
sesuatu dari yang Telah kamu berikan kepada mereka, kecuali
kalau keduanya khawatir tidak akan dapat menjalankan hukumhukum Allah. jika kamu khawatir bahwa keduanya (suami isteri)
tidak dapat menjalankan hukum-hukum Allah, Maka tidak ada

dosa atas keduanya tentang bayaran yang diberikan oleh isteri


untuk menebus dirinya[144]. Itulah hukum-hukum Allah, Maka
janganlah kamu melanggarnya. barangsiapa yang melanggar
hukum-hukum Allah mereka Itulah orang-orang yang zalim.

[144] ayat inilah yang menjadi dasar hukum khulu' dan


penerimaan 'iwadh. Kulu' yaitu permintaan cerai kepada suami
dengan pembayaran yang disebut 'iwadh.
A divorce is only permissible twice: after that, the parties
should either hold together on equitable terms, or separate
with kindness. It is not lawful for you to take back any of your
gifts (from your wives), except when both parties fear that they
would be unable to keep the limits ordained by Allah. If you do
indeed fear that they would be unable to keep the limits
ordained by Allah, there is no blame on either of them if
she gives something for her freedom. These are the limits
ordained by Allah; so do not transgress them if any do
transgress the limits ordained by Allah, such persons are the
wrongdoers. (2:229).
Hadist
Narrated Imran ibn Husayn: Mutarrif ibn Abdullah
reported:Imran ibn Husayn was asked about a person who
divorces his wife, and then has intercourse (berhubungan
seksual) with her, but he does not call any witness (saksi) to
her divorce nor to her restoration (perbaikan-islah). He said:

You divorced against the sunnah and took her back against the
sunnah. Call someone to bear (betah) witness to her divorce,
and to her return in marriage, and do not repeat( di ulang) it.
Step by step summary of the Quranic procedure of talaq
1. Husband and wife to reason (alasan) out through dialogue
(faizu hunna)
2. Temporary (sementara) physical (fisik) separation (pisah)
(wahjuru hunna
3. More convincing ( meyakinkan) to effect reconciliation
(perdamaian) (wazribu hunna)
4. Arbitration
5. First talaq followed by iddah
6. Options within iddah: 2nd talaq or resumption of conjugal
relations without re-marriage
7. Options after iddah: Re-marriage or final separation
through third talaq.

Dalam redaksi Imam al-Hkim,

"Tidak ada sesuatupun yang dihalalkan oleh Allah tetapi


paling dibenci-Nya selain thalaq."
Di dalam redaksi kitab Sunan ad-Daylamiy dari Mu'adz bin
Jabal disebutkan,






"Sesungguhnya Allah membenci thalaq dan menyukai
'itq (memerdekakan budak)."
Dalam redaksi yang lainnya -di dalam kitab yang sama- dari
jalur Muqtil bin Sulaiman dari 'Amr bin Syu'aib dari ayahnya
dari kakeknya secara Marfu',




"Tidak ada sesuatu yang halal yang dihalalkan oleh Allah lebih
dicintai-Nya dari nikah; dan tidak ada sesuatu yang halal tetapi
paling dibenci-Nya selain thalaq."