A APPLICATION OF QAWAIDUL AHKAM IN RESOLVING YOUNG AGE DIVORCE DISPUTES DUE TO DOMESTIC VIOLENCE: A CASE STUDY IN THE RANGKAS BITUNG RELIGIOUS COURT

Indonesia

Authors

  • Heni Rohaeni Heni o
  • Nafan Tarihoran Universitas Islam Negeri Sultan Maulana Hasanuddin Banten
  • Asfandi Universitas Islam Negeri Sultan Maulana Hasanuddin Banten

DOI:

https://doi.org/10.37035/syaksia.v25i1.10828

Keywords:

Keywords: Qawaidul Ahkam, young age divorce, mediation, benevolent justice, religious figures, family, community and Islamic law.

Abstract

  • Divorce at a young age, where a husband and wife divorce before reaching the age of 26
    has become a social phenomenon that is increasingly worrying in various countries,
    including Indonesia. Qawaidul Ahkam, Islamic Law Guidelines, offers an approach to
    resolving young divorce disputes. This discussion is about the application of Qawaidul
    Ahkam by emphasizing mediation, the principles of justice and kindness of religious
    figures, families, communities and Islamic law.
    Qawaidul Ahkam's approach prioritizes dialogue and peaceful solutions, considering the
    best interests of children and upholding Islamic values. Religious, family and community
    leaders have an important role in providing support and guidance. The application of
    Islamic law must be carried out sensitively and contextually, and prioritize justice and
    humanity. Preventing young divorce requires comprehensive and multi-sectoral efforts.
    Qawaidul Ahkam offers a framework based on Islamic values to help resolve young
    divorce disputes fairly and constructively.
    Based on qualitative descriptive research methods and a sociological normative
    approach, it can be concluded that divorce at a young age is permissible even in Islam.
    If a young couple experiences very severe incompatibility and cannot be resolved through
    mediation or counseling, then divorce can be the final solution.

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Published

2025-02-11