THE PRINCIPLES OF TIGHTENING DIVORCE IN SEMARANG HIGH RELIGIOUS COURT IN MAQASID AL-SHARI’AH PERSPECTIVE
Abstract: The following
article is the result of the author’s study (dissertation) which focus the need to tighten the divorce because the
marriage is very strong agreement that aims to
create a happy home and eternal, sakinah mawaddah and mercy, suppress
escalation of divorce while reducing the
negative impact on children after divorce her parents. The location of the study authors are in the
jurisdiction of PTA Semarang. These results
indicate that Semarang PTA in examining divorce case has been applying
the principles of tightening divorce,
mediation institutions maximize and optimize Hakam institutions to realize the goal of marriage, if
successful peace revoked case, if it turns out there is no reason the case is not accepted, if it can
not prove the case rejected , If proven, there
is reason enough divorce, unsuccessful peace efforts and apply the theory
of benefit, as the central idea Maqasid
al-Shariah, divorce is granted by refusing mafsadah more important consideration than grabbing
maslahah mafsadah refused because it is a benefit in accordance with Maqasid al-Shariah.
According to the author that another attempt
to tighten a divorce is necessary premarital education provision by the
Religious Affairs Office (KUA)
presenting the subject matter of the rights and obligations of husband and wife as well as the consequences if left
malpractice. In addition, the need for regulations that provide its jurisdiction in a particular
case examination and decide divorce cases the
reason of domestic violence as well examining the actions of domestic
violence so that the subject is no
longer a litigant in two of the judiciary, in order to realize the principle
is simple, fast and low cost.
Author: A. Muliany Hasyim
Journal Code: jpperadabanislamgg150020
