الطلاق خارج المحكمة في بروناي دارالسلام: دراسة قضية من العام 2015 - 2020

Abstract

Divorce is a legal act in the form of termination of marital relations from the husband's side to the wife's side. The law has stipulated that divorce must be done in front of the Court. The researcher wants to conduct research on divorce outside the Court seen from the perspective of the Judge of the Lower Syariah Court of Brunei Darussalam regarding the status of divorce pronounced outside the Court. So, the problem in this research is what is the procedure for divorce outside the Court according to the EMERGENCY ORDER (FAMILY LAW ISLAM 1999) and are cases of out-of-court divorce increasing? This research uses the data analyst method to analyze the conventional view of out-of-court divorce. The results of the research show that the procedure of divorce outside the Court requires confirmation to prove whether or not there has been a divorce. Talaq that is outside the Court is considered invalid in terms of Law and in the direction to re-pronounce the divorce in front of the Court with the permission of the Judge within 7 days after it is pronounced. The Judge's view of divorce outside the Court is considered invalid by law, because it does not have legality. This is contrary to the perspective of Islamic law which considers it valid to be pronounced outside or inside. This is to avoid various legal uncertainties if divorce is considered valid even outside the court. The legality of divorce outside the Court is seen on the consideration of the principles and conditions of divorce whether it is perfect or not before deciding that a divorce takes place.