期刊
ISLAMIC LAW AND SOCIETY
卷 26, 期 1-2, 页码 58-82出版社
BRILL ACADEMIC PUBLISHERS
DOI: 10.1163/15685195-00254A05
关键词
Divorce; khul; shiqaq; conditional divorce; Indonesia; Islamic courts
类别
In this essay, I describe the historical development of three traditional fiqh-based divorce mechanisms in Indonesia that commonly result in a khul divorce: regular khul (khuluk), conditional divorce (taklik talak), and marital discord (syiqaq). In the practice of present-day Islamic courts these traditional fiqh-based divorce mechanisms have lost almost all of their former prominence. Through a historical analysis of legal practices of female-initiated divorce, I will explain how this happened. Legal reforms under the 1974 Marriage Law, their adoption into the 1991 Compilation of Islamic Law, and case law of the Supreme Court broadened women's divorce rights significantly. The same reforms made out-of-court divorce illegal. In contrast to fiqh-based divorce mechanisms, judicial divorce on the grounds of 'continuous and irreconcilable marital discord' does not require the consent of the husband or the payment of compensation and has therefore become an easier and cheaper option for Indonesian women.
作者
我是这篇论文的作者
点击您的名字以认领此论文并将其添加到您的个人资料中。
推荐
暂无数据