This thesis entitled: Islamic law perspective toward Talak

out of religious court hearing based on Indonesian Ulama

Council and Muhammadiyah Tarjih Council
The research was taken because fall and legitimate divorce
issues associated with the judiciary has become a hot topic and
polemics in the community. Divorce is breaking the bond of
marriage between husband and wife as a last resort and the best
solution for both parties. Although divorce is a last resort and the
best solution, this does not mean easily done to address
domestic brawl. In Islamic law, divorce has been described in
detail, how to fall and whether or not a divorce depends on the
husband to utter the words of divorce to the wife, because the
husband who has the authority dropped the divorce. Therefore,
deal with this problem the scholars conduct a review of this case,
such as Indonesian Ulama Council and Muhammadiyah Tarjih
Council. Tarjih Council decides that divorce is considered valid if
done before the court. Whereas, Indonesian Ulama Council
decides conversely, the validity of divorces has been valid since
husband utters the words of divorce, not before the court.
Because both these decisions are contrary, the author was
interested in selecting it as an object of research: what lies
behind this decision, what methods are used, as well as its
review in accordance with Islamic law.
This study is the research literature and studies presented by
descriptive and analytical. The data which related to decision and
fatwa of Indonesian Ulama Council and Muhammadiyah Tarjih
Council about divorce before religious court hearing were the
primer sources. While, data which is related to analysis obtained
from Ushul and Fikih books were as the supplementary sources.
Then, all collected data, either primer and supplementary were
classified analyzed based on each sub discussion. After that, a
deep review was conducted to fatwa and discussion which is
contained the object of the research by using content and
comparative analysis. Content analysis was used to analyze the
implicit meaning on decision of both councils, and the
characteristic which differ from other ulama, while comparative
analysis was conducted to compare to former decision as well as
other contemporary figures.

After being analyzed, it was obtained conclusion of research that

underlies the appearance of these fatwas were the worries of
ulama about polemics in Indonesian Moslem society about the
determination of falls and legitimate divorce. So that, by
consederation of Al-Mushlahat and sad al-zari-ah, Tarjih Council
decide that divorce falls and legitimate when it is done before the
court. This fatwa is hand in hand with Indonesian legislation.
Whereas, Indonesia ulama council decide that divore out of court
was legitimated as long as fit to Al-Quran and prophet words and
also fuqahas opinion which is stated that divorce can be fallen
and legitimate whenever and wherever it was uttered.