ISLAMIC FAMILY LAW
Every human being is created by Allah SWT in pairs, and to realize his wish, every human
being must follow the provisions that have been outlined. In Islamic law, the provisions that
govern this matter are regulated in the provisions of Islamic marriage law and this must be
followed by every believer of the Islamic religion in an effort to realize his desire to live together
with his or her spouse in a legal bond, namely forming an Islamic family. It is explained in the
words of Allah SWT which means "And among the signs of His power is that He created for you
wives of your own kind, so that you may be inclined and feel at peace with him, and He made
among you a sense of love and affection. Indeed, in such a thing there are indeed signs for the
thinking race". (QS. Ar-Rum: 21) The family is the smallest part of society consisting of father,
mother and child, while what is meant by the Islamic family is a family formed on the basis of a
valid marriage according to Islamic law. Every human being, especially a Muslim who enters
married life, in addition to following the sunnah of the Prophet, is also inseparable from his goal
of getting offspring and happiness. The marriage is expected to bring happiness and tranquility,
form a family full of love and affection in accordance with the sharia in Islamic marriage, namely
forming a family that is sakinah, mawaddah wa rahmah. What has been stated earlier has its
basis for regulation contained in QS An-Nisa verse 1 which contains about the occurrence of
human beings from certain substances and from that substance God makes a partner and from
that partner the next generation arises, therefore we must be devoted to God. In this verse, it is
reported that the origin of human beings is intended for humans to serve God. From this verse, it
is clear that religion plays an indispensable role in human life.
A marriage is considered valid if it does not go out of the relevant religious regulations.
From marriage, legal consequences will arise, including: 1. about the validity of
children/offspring 2. About the obligations of parents to children 3. about children's obligations
to parents and 4. In addition to forming a sakinah family, mawaddah wa rahmah another
important purpose of a marriage is to have offspring, which in Islamic law is called Nasab and
can also be called a direct blood relationship down because of the relationship between a man
and a woman as husband and wife formed in a valid marriage. So to get offspring according to
Islamic law is only through one way, namely through a legal/official marriage, and with that the
offspring is also valid. Islamic law provides criteria to determine whether a child born is a
legitimate descendant in a family. These provisions are: a. pregnancy from a wife is a thing that
is very likely to happen in common sense. b. the wife gives birth at least 6 months after the
marriage takes place, on the basis of: - QS Al Akkof verse 15, which is the period of pregnancy
and breastfeeding (weaning) of the child for 30 months - QS An Nisa verse 14, which is the
weaning period that occurs for 24 months.
According to Islamic teachings, it is sunnah to marry a woman who has a good religious
background, is able to take care of herself and comes from a good offspring. This is stated in a
hadith "The woman was married because of four things: because of her wealth, because of her
offspring, because of her beauty and because of her religion. So choose the good religion, and
you will get barokah." (HR. Abu Hurairah) This is the guidance of the Prophet for all his people in
choosing his life partner, so that from all the elements of the assessment, choose the last one,
namely the religious factor as the main element of consideration because in Islam a person is
not allowed to marry a non-Muslim person. So religion is the main guarantee because if he is a
Muslim, he must fulfill the conditions as a Muslim. And as a Muslim he is guided by norms that
will elevate him to occupy the good. As the Prophet Muhammad PBUH said, "Do not marry a
woman because of her beauty, perhaps it will make her despicable. And do not marry a woman
because of her possessions, perhaps it will make her vile, but marry them because of her
religion." But all these guidelines and explanations do not mean that Islam forbids its people to
marry a beautiful/handsome or rich person, not at all. But there are priorities that must be
considered and that is the point of guidance. So of all the factors/factors of the assessment,
religion must be placed in the first consideration factor and other things are the next factor. For
the reference of assessment on factors other than religion, Islam provides a key to the hand,
namely sunnah that is sekufu'/selevel.
ISLAMIC MARRIAGE LAW Nikah or commonly called marriage in its original sense is an
intimate relationship between a man and a woman, but according to majazi (methaporic) or the
meaning of the law is a contract of agreement or commonly called an agreement between the
two brides and groom for an unlimited period of time and which makes it halal to have an intimate
relationship as husband and wife between the two so that they get offspring as their successor
generation which is the responsibility of both husband and wife in terms of maintaining as well
as directing their education or in terms of behaving in a pattern for society (born inward). In
everyday Indonesian, the term marriage contract is commonly used. Nikah means marriage
while akad means agreement or engagement. So a marriage contract means a sacred covenant
to bind oneself in marriage between a woman and a man to form a happy and eternal family. The
sacred meaning here has elements of religion or to God Almighty. According to Sayuti Talib,
marriage is a sacred, strong and firm agreement to live together legally between a man and a
woman to form an eternal, courteous, loving, peaceful and happy family. Marriage in Islam
comes from the word nakaha which means marriage, the bride is called nakihatun and the groom
is called nakihun.
Nikah in the original sense can also mean aqad with it becoming halal sexual relations
between men and women. Marriage according to the Compilation of Islamic Law is a very strong
contract or miistsaaqan gholiidhan to obey Allah's commands and carry it out is worship. While
the initial principle of the law of marriage is Mubah (permissible). This law of Mubah may change
depending on the situation and condition of the person concerned. Therefore, the law of marriage
can be mandatory, it can be sunnah, it can be makruh, it can be mubah and it can also be haram.
The marriage law is divided into: 1. The law of marriage is mandatory, namely marriage for people
who are afraid of falling into adultery if they do not marry. Marriage becomes mandatory if a
person in terms of physical and spiritual requirements is sufficient and from a physical point of
view it is very urgent to get married. Because in this kind of condition, getting married will help
her protect herself from things that are forbidden. 2. The law of marriage becomes sunnah, that
is, when a person has a high orgasm and he is not afraid of falling into adultery. If he gets married,
it will actually bring a lot of benefits and goodness both to the man and the woman he marries.
So if a person is physically reasonable and inclined to get married and the cost of living is already
there, then it is sunnah for him to get married. If he gets married then he gets rewarded and if he
is not married or not married then he is not sinning. 3. The law of marriage becomes makruh,
namely for those who cannot afford it.
This condition is usually experienced by men who are impotent or they are elderly,
because this can hinder the goal of passing on offspring for the woman they marry and can
disappoint them. If a person from a physical point of view is reasonable to get married even
though it is not very urgent but there is no cost to live so that if he gets married it will only bring
misery to his wife and children, then it is makruh for him to get married. If he marries, he is
innocent and does not receive any reward. Meanwhile, if he does not marry with the
considerations that have been stated earlier, then he will get a reward. 4. The law of marriage is
haram, namely for a Muslim who is in the area of the infidels who are fighting against him.
Because it can endanger his wife and offspring. In addition, the disbelievers can defeat and bring
them under their control. In this condition, a wife cannot be safe from them. The law of marriage
becomes haram, if a man wants to marry a woman with the intention of persecuting or ridiculing
her, then it is haram for the man to marry the woman. (Saleh al-Fauzan, 2006:641) To be able to
carry out a valid marriage, it must meet the harmony and conditions of marriage. Pillars of
Marriage: 1. Prospective husband 2. Prospective wife 3. Guardian of the marriage of the future
wife 4. Two male witnesses 5. Dowry 6. Ijab and Kabul Marriage Requirements: 1. The conditions
for the prospective husband are: a. Islamic b. A real man, which means that both in terms of
religious law and state law, is clearly male. c. The person is specific, meaning that the identity of
the person and his family is clear. d. Not having a wife of four e. No coercion f. There is no blood
relationship, no incestuous relationship, no infidelity relationship with the future wife. 2. The
requirements for prospective wives are: a. Muslim b. A real woman, legally and religiously, is
clearly female. c. A certain person who is defined as a certain person is a person who has a clear
identity about himself or his parents. d. Physically and spiritually healthy e. Not married and not
in the period of iddah f. There is no blood relationship, no incestuous relationship and no
consanguinity relationship with the future husband. 3. The requirements for the marriage
guardian of the prospective wife are as follows: a. Islamic b. Native male c. Adult d. Common
sense e. Not in a forced situation 4.The conditions for witnesses are as follows: a. Muslim b.
Native male c. Adult d. Not forgetful or senile e. Not blind, not deaf and not mute 5. The condition
of Mahar Mahar is something that is submitted by the prospective husband to the prospective
wife in the marriage contract as a symbol of the husband-to-be's love for his future wife and a
symbol of the willingness of the prospective wife to become his wife.
The conditions for dowry are: 1. An object submitted by the prospective husband 2. Halal
means that both the object and the method of obtaining the object that will be used as a dowry
are halal The elements in the dowry: 1. the dowry is not determined in amount 2. must be
something halal 3. must have a use value or benefit 4. that dowry is a sunnah law mentioned in
the marriage contract of various types of dowry 1. dowry mussamma; is the dowry mentioned in
the marriage contract 2. Mitsil dowry; It is a dowry similar to the dowry that has been received by
a woman from the wife's brother and in accordance with the views and customs of the local
community. So in other words, a mitsil dowry is a dowry that is not mentioned by the wife-to-be.
The dowry is obligatory, this is mentioned in the Qur'an surah An-Nisa verse 4. Meanwhile, the
legal basis for the submission of the mitsil dowry is explained in Surah An Nisa verses 21, 24 and
25. The pronunciation of dowry in the marriage contract is sunnah. 6. Ijab Requirements for Kabul
Ijab Requirements: 1. The pronunciation is pronounced clearly and firmly 2. Pronounced by his
guardian or deputy 3. The Ijab must be heard by the parties concerned, both the bride and the
witnesses The conditions for Kabul are: 1. With certain pronouncements that are spoken
expressly taken from the words of the marriage 2. Said by the future husband 3. The kabul must
be heard by the person concerned or its witnesses. With this description, it is clear that a
marriage can only be carried out by fulfilling the conditions and principles that have been
established according to Islamic law. This means that a marriage can only take place if all the
harmony and conditions are met. According to Law Number 1 of 74 concerning Marriage
(hereinafter referred to as the UUP) the conditions for the validity of marriage are as follows: 1.
Article 6 paragraph 1 of the UUP states that marriage must be based on the consent of both
parties so that marriage must not be based on the basis of coercion. 2. In Article 7 paragraph 1 it
is stated that the prospective groom must be 19 years old and for the bride it is 16 years old. 3.
Article 6 paragraph 2 states that if the prospective husband or wife-to-be is not of age as
mentioned in article 7 paragraph 1, the prospective bride must first obtain permission from her
parents or guardians because they are considered legally immature. If permission from the
parents is not obtained, the bride-to-be can ask for permission from the court.
Annulment of Marriage Annulment of marriage can be done if 1. The marriage violates
things that are prohibited from marriage in both Islamic law and the Marriage Law. 2. If the
marriage is carried out under the threat of another party who may violate the provisions of article
27 paragraph 1 of the Marriage Law. The conditions for cancellation are as follows: a. must
submit a letter of application b. can be made by the husband or wife c. addressed to the Court
within 6 months after the threat is stopped in accordance with the provisions of Article 27
paragraph 1 of the UUP. The annulment of the marriage can be done if there is a
misunderstanding or mistake about the prospective husband or future wife 3. Annulment can be
done if the marriage is carried out without meeting the conditions for marriage as stipulated in
the UUP or in Islamic law. For example, a marriage that has no witnesses. Applications for
annulment of marriage can be made according to their respective jurisdictions in accordance
with the provisions of Article 25 of the Constitution. Meanwhile, according to Articles 70 to 72 of
the Compilation of Islamic Law, the reasons for a marriage to be canceled include: 1. The
husband is engaged in a marriage while he is not entitled to a marriage contract because he
already has four wives even though one of the four wives is in a state of iddah. 2. A man marries
his ex-wife who has been in his life. 3. A person marries his ex-wife who has been sentenced to
talaq 3 times by him, unless the ex-wife has been married to another man who later divorced
from the man again and has expired his iddah period. 4. Marriage is performed between two
people who have blood relations in a straight down or up lineage. 5. Marriage is carried out
between two people who have a blood relationship in a sideways lineage, namely between
brothers, between a person and a parent and between a person and a grandmother. 6. Marriage
is carried out between two people who have a concurrent relationship, namely in-laws,
stepchildren, sons-in-law and their mother or father. 7. Marriage is carried out between two
people who have a same-sex relationship, namely half-breed parents, half-siblings, and half-
siblings, and half-siblings or uncles. 8. Marriage is performed with the wife's sibling or as an aunt
or nephew of the wife or wives. 9. A husband commits polygamy without permission from a
religious court. 10. The woman who was married was later found out to be the wife of another
man who was mafqud.
The woman who is married turns out to be still in iddah from another husband. 12. The
marriage that is held violates the age limit of marriage, namely for men must be 19 years old and
for women must be 16 years old. 13. The marriage is carried out without a guardian or performed
by an unqualified guardian. 14. Marriage performed by force. 15. Marriage is carried out under
the threat of violating the law 16. Marriage is carried out by fraud or misperception about the
husband or wife. Even if a marriage is carried out under an unlawful threat or the marriage is
carried out by fraud or misperception of the husband or wife can be annulled, but if the threat
has stopped or the guilty person is aware of the situation, and within a period of 6 months after
that he is still alive as husband and wife and does not exercise his right to apply for annulment of
the marriage, then his right is lost (Article 72 paragraph 3 KHI). According to article 73 of the KHI,
those who can apply for annulment of marriage are: 1. Families in the straight lineage up and
down from the husband or wife. 2. Husband or wife. 3. Officials who are authorized to supervise
the implementation of marriage according to law. 4. Interested parties who know of defects in
the harmony and conditions of marriage according to Islamic law and laws and regulations.
Prevention of Marriage Prevention of marriage can be carried out if: 1. The parties do not meet
the requirements (harmony and conditions) stipulated in Islamic law and state law, in this case
the Uup. 2. One of the parties is in custody 3. The wife can prevent her husband from remarrying
without her permission according to the UUP. Prohibitions on Marriage It is forbidden to marry
between a man and a woman who is his muhrim or mahram (QS 4 verse 23) which consists of: 1.
It is forbidden because of descent, namely a. mother and so on b. daughter and so on c. sibling,
father or mother d. aunt (maternal brother, either biological or intermediary of father or mother)
e. aunt (biological brother or intermediary of father or mother) f. daughter from brother to nephew
to g. daughter from sister to sister to down. 2. It is forbidden because of same-sex A man is
prohibited from marrying a half-breed woman, namely: a. a breastfeeding mother b. a sister who
has a same-sex relationship 3. It is forbidden because of a marriage or in legal terms the
prohibition of marriage for certain reasons, namely: a. the wife's mother (in-laws) and so on, both
the mother of the nasab and the daughter of the same family b. the stepdaughter (the daughter
of the wife who is married to another husband) if she has mixed with her mother, c. the father's
wife and so on and above d. the women who have been married to the father, grandfather to the
top. 4. It is temporarily forbidden for a man to marry a woman for a while (QS 4 verse 24), namely:
a. there is a marriage relationship, that is, the woman is still in the marriage bond until she is
divorced and her iddah period has expired b. talaq bain kubra, that is, a woman who is talaq three
haram to be married by her ex-husband unless she has been married by another man and is
associated. If the woman is divorced and her iddah period expires, then it is permissible to be
married by her first ex-husband. With one note that the marriage and divorce of the ex-wife were
not engineered by the ex-husband (muhallil and muhallal). c. gathering two sisters at the same
time unless one of them has been divorced or died d. gathering more than four women of different
religions, unless the woman converts to Islam. Guardianship in Marriage The guardian of the
marriage is a man who in a marriage contract is authorized to marry the bride-to-be. As a legal
basis, it is Surah An Nisa verse 32. The so-called wali is not limited to the nasab wali only. There
are 4 types of wali here:
Wali nashab is a wali because there is a blood relationship with the bride-to-be. There are
15 types of wali nashab: a. father/father b. grandfather/father father c. great-
grandfather/grandfather d. half-brother (half-mother) of a prospective woman e. half-brother f.
son of a half-brother g. son of a half-brother with father) h. uncle (brother of father who is only
father-father) i. son of uncle j. son of uncle k. brother of grandfather sibling (grandfather's half-
brother) l. grandfather's brother (grandfather's half-brother) m. son of grandfather's brother n.
son of grandfather's brother 2. Wali mu'tiq is a wali nikah because he frees slaves, namely a
person who is appointed as the wali of a marriage of a woman because the person has freed her.
3. Guardian of the judge is the guardian of marriage carried out by the ruler for a woman whose
guardian is due to some reason does not exist, either because she has passed away or refuses
to become a guardian of marriage or for other reasons. 4. Wali Muhakkam is a wali nikah
consisting of a man appointed by the two prospective husband and wife to marry them due to the
absence of wali nasab, wali mu'tiq and wali hakim. Marriage can be seen from three aspects: 1.
From the Legal Aspect From the legal aspect of marriage is an agreement. In QS IV: 21 it is stated
"Marriage is a strong covenant", called the words mitsaaqaan ghaliidhaan. And it can be stated
as a reason to say that the marriage is an agreement because of the existence of: a. The way to
say that the marriage bond has been arranged in advance is by marriage contract and with certain
principles and conditions.
The way to describe or break the marriage bond has also been regulated beforehand,
namely by the procedure of talaq, fasakh, syiqaq and so on. The agreement in marriage has three
special characteristics, namely: a. Marriage cannot be carried out without a voluntary element
from both parties. b. The two parties to the marriage agreement have the right to decide on the
marriage agreement based on the provisions of the existing laws. c. Marriage consent regulates
the legal boundaries regarding the rights and obligations of each party. 2. From the Social Aspect
In the society of every nation, there is a general assessment that people who have a family or
have had a family have a more respected position than those who are not married. (Sayuti Talib,
1985: 48) Before the regulation on marriage, women could be honeyed indefinitely and without
being able to do anything, but according to Islamic teachings in marriage in this case, polygamy
was only limited to a maximum of 4 people with very heavy conditions. 3. From the Aspect of
Religion The view of a marriage from a religious perspective is very important. In religion, marriage
is considered a sacred institution. A marriage ceremony is a sacred ceremony in which both
parties are connected to become a married couple or each other to become eternal life partners.
Rights and Obligations of Husband and Wife After the implementation of the marriage contract,
logically the legal act will have legal consequences as well. The legal consequences are in the
form of rights and obligations between the husband and wife. In this case, the rights and
obligations are grouped into three parts, namely: 1. Husband's obligation a. Material Obligation
Material obligation is an obligation by the husband to his wife to meet his material needs and
lasts continuously. For example, the provision of livelihood, clothing and shelter. This is because
the husband's function is to be the leader in the family (QS 4 verse 34). b. Immaterial Obligations
Immaterial obligations are obligations that are intangible in nature and are based on a positive
mental attitude of the husband in accordance with the grid given by religious law and state law.
In this case, religious law provides the following provisions: a. having sexual relations with the
wife in a reasonable way (QS 4 verse 19). If this problem is understood correctly by husbands, of
course domestic violence, especially marital rape cases, has never occurred. b. Prohibition of
having sexual intercourse with a wife while the wife is menstruating (QS 2 verse 222) c. Taking
care of and protecting the wife and being responsible for the safety of the wife's soul (QS At
Tahrim verse 6) 2. Wife's Obligations The obligations of the wife are as follows: 1. Follow the
husband's place of residence wherever the husband is (QS At Talaq verse 6) 2. Hold fast to the
secrets of her husband and household 3. Joint obligations Regarding the joint obligations
between husband and wife, Law Number 1 of 74 concerning Marriage Article 33 states that
husband and wife are obliged to love each other, respect each other, help each other physically
and mentally and have the obligation to educate children.
It is mandatory or must be done. That is if the thalaq is imposed by the mediator or hakam
or the judge. The following are the categories of "mandatory talaq" are: a. If according to the
peacemaker, the division between husband and wife is so severe that it is very unlikely, there is
not even the slightest gap in the good or benefit if the marriage is maintained, therefore the only
way to eliminate harm or evil and efforts for the benefit or good of both parties is to separate
them. b. For a wife who has been sworn by her husband not to have sexual relations with her wife,
after a waiting period of 4 (four) months, while the husband does not want to pay the kafarah of
the oath so that he can get along with his wife. His actions were detrimental to his wife. 4. Haram
is that the divorce is carried out without reason, while the wife is in a state of menstruation or
chastity in which she has been married. (Amir Syarifuddin, 2006: 21) The Compilation of Islamic
Law does not regulate how divorce law is according to Islamic law. The Compilation of Islamic
Law, especially regarding divorce, only regulates the dissolution of marriage and its
consequences. Based on the description above, it can be seen that the law of divorce according
to Islam is not clearly regulated in the Quran, and Hadith.
There are no verses that command or prohibit divorce. The Qur'an only regulates thalaq,
its content only regulates when thalaq must occur. This implies that the law of divorce is "mubah
or permissible". However, because divorce is a reprehensible and hated act by Allah SWT, the
divorce has the meaning of the law "makruh or reprehensible". Although the original law of
divorce or thalaq is "makruh or reprehensible", in certain situations and conditions the law of
divorce can change. Sometimes divorce law can be nadab or sunnah, sometimes it can be
mubah or okay, sometimes it can be mandatory, and sometimes divorce law can be haram. The
law of divorce becomes nadab or sunnah, that is, if the state of a household can no longer be
continued and even if the household is maintained, then more harm or adverse impacts occur.
The divorce law becomes mubah or permissible, that is, if there is no longer any other way than
divorce to save the household and no parties feel disadvantaged by the existence of the divorce,
while the existence of divorce brings benefits to both parties. Divorce law becomes mandatory,
namely if talaq is imposed by the mediator or judge. If according to the mediator or the
peacemaker or the judge, if according to the peacemaker, it is difficult to unite the husband and
wife, and if the marriage is maintained, then there is not the slightest good or benefit, therefore
the only way for the good of both parties is to separate them. The law of divorce is haram if the
divorce is carried out without a reason, while the wife is in a state of menstruation or holiness
during which time she has been married. Causes and Types of Divorce According to Islamic Law
1. Causes of divorce according to Islamic Law Regarding the causes of divorce, there are many
differences of opinion. The scholars have also discussed the issue of the breakup of marriage or
divorce in the fiqh sheets. According to Imam Malik, the reasons for the breakup of marriage or
divorce are talaq, khulu', khiyar/fasakh, syiqaq, nusyuz, ila', and zihar. Meanwhile, according to
Imam Shafi'i, the causes of marriage or divorce are talaq, khulu', fasakh, khiyar, shiqaq, nusyuz,
ila', zihar, and li'an. Below are four possibilities that can cause divorce, namely: a. The
occurrence of nusyuz from the side of Nusyuz's wife is a word derived from the Arabic language
which etymologically means to elevate or lift. If it is said that the wife is nusyuz towards her
husband, it means that the wife feels that she is in a higher position than her husband, so she is
no longer obliged to obey him. This can occur in the form of violations of orders, misappropriation
and things that can disturb domestic harmony. Definitively nusyuz is defined as: "the wife's
iniquity towards her husband in terms of doing what Allah obliges her". Nusyuz is illegal because
it violates something that has been determined by religion through the Qur'an and the hadith of
the Prophet. In relation to Allah, the perpetrator is entitled to the sin of Allah and in relation to the
husband and the household is an offense against the life of the husband and wife.
For this act, the perpetrator received threats, including losing his rights as a wife during
the nusyuz period. However, the nusyuz does not automatically break the marriage bond. The
basis of the law is the word of Allah, which means: "Women whom you are worried about, then
advise them and separate themselves from their beds, and beat them. Then if they obey you, then
do not look for ways to trouble them. Indeed, Allah is All-Knowing, and All-Great." (QS. an-Nisa':
34) Based on the above verse, it can be concluded that there are three stages that must be
passed chronologically in dealing with the nusyuz wife, namely: 1. The wife is given advice in a
ma'ruf way so that she is immediately aware of the mistakes she has made. 2. Split the bed. This
method is meant as a psychological punishment for the wife and in her solitude she can correct
herself for her mistakes. 3. If this method does not work, the next step is to give corporal
punishment by hitting him. What can be hit is only the part that does not harm the wife, such as
her calf.
The occurrence of syiqaq Syiqaq means quarrel, this word is usually associated with husband
and wife so that quarrels that occur between husband and wife cannot be resolved by
themselves. This syiqaq arises when the husband or wife or both do not carry out the obligations
that they must carry. This syiqaq may be caused by various things, one of which is due to
economic difficulties so that the husband and wife often quarrel. The legal basis is the word of
Allah SWT, which means: "If you are worried about a split between the two of them, send a
mediator from the husband's family and the wife's family. If both of them want harmony, Allah
will give them a way, indeed Allah is All-Knowing, All-Knowing. (QS. an-Nisaa': 35) What is meant
by hakam in the verse is a wise person who can be a mediator in dealing with family conflicts.
From the verse above, it is clear that Islamic rules in dealing with the problem of domestic
turmoil. The choice of hakam (Arbitrator) from each party is because the intermediaries will know
more about the character and nature of their own family. It is easier to reconcile a husband and
wife who are quarrelling. d. One of the parties commits an act of adultery, which gives rise to
mutual accusations between the two. The way to solve it is to prove the accusations charged, in
a li'an way. Li'an has indeed entered the "gate of break" marriage and even for all eternity.
Because the result of li'an is the occurrence of talaq ba'in kubra. (Amiur Nuruddin and Azhari
Akmal Tarigan, 2004: 209) The following is a description of the causes of the termination of a
marriage (divorce) due to divorce, namely: a. By the will of the husband The end of marriage at
the will of the husband can be done in 4 ways, namely: 1. Talaq According to Islamic law, talaq is
to eliminate the marriage bond or reduce the attachment of marriage by using certain words,
namely sharih (firm) words and with satirical words (kinayah). 2. Illa' The meaning of Illa'
according to language is an oath. Illa' according to the term is the oath of a husband not to have
sexual intercourse with his wife, either by saying the name of Allah indefinitely or by a time limit
for a period of four (4) months. The legal basis is QS. al-Baqarah: 226 & 227 and QS. al-Maidah:
89. 3. Li'an The root of the word li'an is la'nun which means curse, it can also mean far away.
According to Islamic law, li'an is the oath of the husband who accuses his wife of committing
adultery accompanied by four (4) testimonies that the husband is true in his accusation and in
the fifth testimony accompanied by his willingness to accept the curse of Allah if it turns out that
he is lying in his accusation. Similarly, the oath of a wife who rejects her husband's accusation is
accompanied by her willingness to accept Allah's curse if she lies over the rejection of the
accusation. The legal basis is QS. an-Nur: 6-9.
