Perceraian Yang Boleh Dijatuhkan Di Pengadilan Menurut Perspektif Syeikh Sayyid Sabiq Pada Kitab Fiqh Al-Sunnah

Abstract

Divorce is a complex and important social phenomenon that often occurs in society, both among Muslim and non-Muslim communities. Factors leading to divorce include social, economic, and cultural transformations. Year by year, divorce rates increase significantly. Although there are still significant differences between countries worldwide, especially in nations with predominantly Islamic populations. There are several cases that result in divorce. Some of these cases can be ruled upon by the court, while others cannot be adjudicated. "The Egyptian laws of 1920 and 1929 have established conditions for religious courts to pronounce divorce. These conditions are based on the juristic reasoning (ijtihad) of Islamic scholars as there is no explicit explanation in the Quran and Sunnah. The laws are formulated on the principle of facilitating the affairs of mankind, avoiding all forms of hardship, and aligning with the spirit of Islamic law which embodies teachings of tolerance.

Law No. 25 of 1920 stipulates that divorce may be granted if the husband is unable to provide maintenance and there is a defect in the husband. Law No. 25 of 1929 specifies that divorce may be granted if the husband's presence poses a danger to the wife's life, he abandons the wife without justified reason, or if the husband is serving a prison sentence. Below, I will explain each of these reasons along with the relevant provisions, except for divorce due to defects.