THE QURAN AND HADITH AS A SOURCE
If ethics makes reason the source and morality makes customs the source, but morality in
Islam makes the Qur'an and Hadith as the source. The Qur'an is the Word of Allah SWT whose truth
is absolute. There wasn't a single word in doubt. Thus, the hadith of the Prophet is also the second
source of Islamic law. Thus, the truth of moral rules is absolute. It does not mean that in carrying out
morals there is no need for reason, in fact, the role of reason is very urgent in distinguishing between
good and bad. But the guidance of revelation is absolutely necessary so that in its search the intellect
can find the true truth. 2. General and universal The moral teachings contained in the Qur'an are
general and universal, meaning that wherever and whenever they are still valid and up to date. This
is because the existing rules are general and principled, including about justice, doing virtue,
prohibiting heinous acts, evil and hostility. (Q.S al-Nahl: 90), a call to fulfill promises and allocate the
orphans' property correctly. (Q.S Al-Isra':34). There is also a prohibition against reproaching each
other, giving each other bad titles (Q.S alHujarat). Likewise, the prohibition applies arrogantly and
arrogantly (Q.S Luqman: 18-19).
Noble morals promise retribution from Allah SWT. Because noble morals are based on faith
in Allah, everything that is done will be rewarded by Allah. The goodness that is planted will produce
goodness in the sight of Allah SWT. 7. In accordance with the clean nature of the Morals contained
in the Islamic rules are based on the nature of human beings. The tendency of human nature to seek
the truth strengthens the moral code that teaches good and prohibits evil. C. The relationship
between Sufism and Taswuf morals is the process of approaching oneself to God (Allah) by purifying
the heart. A holy heart can not only be close to God, but can also see God (al-ma'rifah). In Sufism, it
is stated that Allah the Most Holy cannot be approached except by a pure heart. As has been
explained, morality is the image of the heart (alqalb) from which deeds arise. If the heart is pure and
clean, then what will come out are good deeds (akhlak mahmudah). On the other hand, if the heart
is dirty and full of sin, then what will appear are bad deeds (morals of mazmumah). If the science of
morality explains which values are good and which are bad and how to change bad morals to be good
in zahiriyah, then Sufism explains how to purify the heart (tasfiat al-qalb), so that after the heart is
clean and pure, good behavior and morals will arise. Moral improvement must begin with the
purification of the heart.
The question then is how to purify the heart in taswuf? In the opinion of the Sufis there are
several things that must be done: (1) ijtinab almanhiyyat (staying away from God's prohibitions), (2)
Ada' al-wajibat (performing obligations), (3) Ada' al-nafilat (doing circumcision things) and (4)
riyadhah (spiritual practice as taught by the Prophet). Disobedience can cause the human heart to
become dirty, dark and rusty so that the heart does not function and even dies. In the opinion of the
Sufis, there are three types of the state of the heart: (1) the dead heart is the heart of the infidels, (2)
the living heart is the heart of the believer and (3) the heart of the person who is sometimes alive and
sometimes dead, namely the heart of the fafiq and hypocrites. When the Prophet was asked about
the difference between believers and hypocrites. The Messenger replied, the believers are happy in
prayer, fasting and worship. Meanwhile, hypocrites have pleasure in eating and drinking like animals.
Hatim al-'Asam, a tabiin scholar, added that the indicator of believers is that humans are busy with
thinking and wisdom, while hypocrites are busy with long obsessions of wishful thinking. Believers
have a lot of hope in Allah while hypocrites have a lot of hope in their fellow humans. Believers dare
to sacrifice their wealth for the sake of their religion. Hypocrites dare to sacrifice their religion for the
sake of their wealth. Thus, it is clear that a person with noble character is a description of a person
who truly believes in Allah SWT. Morals are a reflection of faith. Because morality comes from the
heart, to create good morals, the heart must first be cleansed. Signs of a person with good morals
according to Sufis include: having a culture of shame, not hurting others, a lot of kindness, being
correct and honest in his words, not
Actualization of Morals in Daily Life 1. Morals to Allah SWT a. Worship Allah as proof of His
submission and obedience.
b. Al-Hubb, loving Allah more than love for anything c. Dhikr, which is always remembering Allah in
all conditions and situations, whether spoken with the mouth or in the heart. d. Praying to Allah, that
is, asking Allah for anything. Prayer is the core of worship and is an acknowledgment of human
limitations and inabilities. e. Repentance, an attitude of regret for the bad deeds that have been
committed. f. Tawakkal to Allah, surrender completely to Allah after doing the utmost effort. g.
Tawadhu' to Allah, feeling humble before Allah. Acknowledging that he is humble and despicable
before God Almighty. h. Be grateful, thank Allah for all the blessings he gives by utilizing these
blessings in the way of Allah and increasing worship to Him.
Morals to the Prophet a. Loving the Prophet sincerely and following all his sunnah b. Making
the Prophet an idol, an exemplary wife in life c. Do what he tells you to do and leave what he forbids.
3. Morals to your mother a. Loving and cherishing your parents b. Speak polite and gentle words c.
Obey all his commands as long as they do not contradict religious teachings. d. Supporting them if
they are old e. Pray for both, both when they are still alive and especially after they die. f. Continue
to stay in touch with your parents' relatives. 3. Morals to fellow human beings a. Mutual respect,
respect and courtesy b. Mutual Help c. Mutual advice d. Forgiving If all of this is realized, a safe and
prosperous society will be created.
Morality to Yourself a. Maintain self-purity and do not abuse yourself b. Maintain personal
health c. Paying attention to their own rights both physically and psychologically d. Patience and self-
control. 5. Morals towards the environment a. Prosper the earth and manage natural resources (Hud,
11:16). b. It does not cause damage on the face of the earth (Alqashas, 28:77). E. Associations and
Clothing in Islam Islam as a religion brings benefits to provide limitations in association, including:
a. Keeping the eyes from looking at the opposite sex excessively (Q.S an-Nur: 30-31)
There is no difference between a man and a woman who is not a muhrim, because this is very
vulnerable to the temptation of shayan who always tempts humans. "Whoever believes in Allah and
the Last Day, then let him not be alone with a woman in a place without his mahram, for indeed the
third is shaytan. (HR. Ahmad). c. No skin contact between a man and a woman who is not a muhrim.
d. Not mingling between men and women somewhere
In terminology, corruption is the behavior of public officials, both politicians and civil
servants, who unnaturally and illegally enrich themselves or enrich those close to them, by abusing
the public power entrusted to them. In the treasures of classical Islamic legal thought (fiqh), corrupt
behavior has not received an adequate portion of discussion, when the jurists talk about the crime
of improperly eating human property (akl amwal al-nas bi al-bathil) as prohibited in the Qur'an, but
when referring to the origin of corruption (corrup), it can mean damaging (in the form of fraud) or
bribery. Among these various forms of crime that seem to be the most similar in substance to
corruption is ghulul which is interpreted as betrayal of Amanah
In the context of the broader teachings of Islam, corruption is an act that goes against the
principles of justice (al-'is), accountability (al-amanah), and responsibility. Corruption with all its
negative impacts that cause various distortions to the life of the state and society can be categorized
including façade deeds, damage to the earth, which is also very cursed by Allah swt. In Islamic
terminology, it is known that the term is almost the same as corruption, namely Risywah (bribery),
only this risywah only concerns part of the term corruption, namely bribery between a person and
another person in exchange for a certain amount of money in exchange for a job or position. The term
corruption is much more than just bribery because corruption includes manipulation, extortion,
mark-up, and disbursement of public funds in disguise and hiding behind constitutional evidence,
with the intention of obtaining large profits illegally from what should be obtained according to the
level and degree of one's work. Experts define corruption as follows: 1. Kartono (1983) defines
corruption as the behavior of individuals who use authority and position to pursue personal gain,
detrimental to the public interest and the state. Thus corruption is a symptom of the misuse and
mismanagement of power, for personal gain, the mismanagement of the state's sources of wealth
by using formal authority and power (e.g. for legal reasons and the power of arms) to enrich oneself.
Wertheim (in Lubis, 1970) states that an official is said to have committed an act of
corruption when he accepts a gift from someone with the aim of influencing him to make a decision
that is beneficial to the giver. Sometimes people who offer gifts in return are also included in
corruption. 3. Corruption as mentioned in Law of the Republic of Indonesia Number 31 of 1999 article
2 paragraph 1 concerning the Eradication of Corruption Crimes, is any person who unlawfully
commits an act of enriching himself or another person or a corporation that can harm the state
finances or the state economy. From a legal point of view, corruption crimes generally include the
following elements: 1. Unlawful acts; 2. Abuse of authority, opportunity, or means; 3. Enriching
oneself, others, or corporations; 4. Harming the state's finances or the country's economy; In
addition, there are several other types of corruption crimes, including: 1. Giving or receiving gifts or
promises (bribery); 2. Embezzlement in office; 3. Extortion in office; 4. Participate in procurement
(for civil servants/state administrators 5. Receiving gratuities (for civil servants/State administrators.
Factors Causing Corruption 1. Internal factors: It is a factor from within the perpetrator
related to the perception of corruption and morality of the individual concerned. a. Perception of
corruption: The issue that corruption is a criminal act and crime actually does not need to be debated
anymore. However, there is an assumption that corruption is functional because it is said to be able
to improve a person's economic status. The opinion that corruption is functional at this time is
increasingly irrelevant. In addition to the functional perception of corruption, acts of corruption are
often caused by a lack of knowledge about corrupt behavior. b. Morality and individual integrity: The
issue of morality is often related to the understanding and internalization of religious values in a
person. The denial of these religious principles renders the individual devoid of morality. This issue
of personal integrity is very important because as Prof. Taverne said, "Give me a good judge and
prosecutor, then by
External Factors: It is factors outside the perpetrators that provide opportunities for the
emergence of corrupt behavior and legal systems and structures, politics, corporate culture, social
systems and structures, and education systems. a. Legal system: The cause of corruption is often
seen from how effective the legal system is to prevent it. An ineffective legal system greatly affects
the emergence of corrupt behavior. b. Political System: Political structure and system are usually
understood as the process of how power is obtained and exercised. c. Corporate culture or
institutional culture: What is meant by corporate culture is the work habits of all company or
institution apparatus, both management and all levels of employees, which are formed and
implemented and accepted as standards of work behavior, and make all devices bound to the
company or institution. d. Social structure and system: It will provide more opportunities for
corruption if at the community level there is also a culture that "corruption is an ordinary thing". "All
problems will go smoothly if there is money to lubricate" e. Education system: Educational
institutions as enlightenment institutions that educate students and students to be more critical,
understand reality, and be able to solve life problems that are still alive in question
Forms of Corruption 1. Bribery is a criminal act that involves a number of gifts to a person in
such a way that it is contrary to his duties and responsibilities. Something given as a bribe does not
have to be money, but can be in the form of valuables, references to privileges, benefits or promises
of action, a person's voice or influence in a public office. 2. Embezzlement and falsification or
inflating (froud). Embezzlement is a form of corruption that involves the theft of money, property, or
valuables. By someone who is given the mandate to maintain and take care of the money, property
or valuables. Inflation is integrated into the practice of using information in order to voluntarily
transfer assets or goods. 3. Extortion: Extortion means the use of threats of violence or the
appearance of destructive information to persuade someone to cooperate. In this case, the
incumbent can become an extortion or a victim of extortion. 4. Nepotism (nepotism): The word
nepotism comes from the Latin word "nepos" which means "nephew" (nephew). Nepotism means
choosing family or close friends based on relationship concerns, not because of their abilities.
Towards sustainable development, Corruption in the form of collusion between corrupt
political elites and greedy economic elites will exploit natural resources arbitrarily for personal gain
on the economic welfare of the nation itself. As a result, great environmental destruction is inevitable
and when this happens, it is impossible to fulfill the rights of the community, especially the poor,
such as the right to food, the right to health, the right to housing, the right to work and others 3.
Harming the State Corruption is of course very detrimental to the state's finances. Kwik Kian Gie,
former Chairman of Bappenas, said that more than Rp 300 trillion in funds from tax evasion, state
budget leakage, and embezzlement of natural resources evaporated into the pockets of corruptors.
The hundreds of trillions of funds are certainly very large. To save fuel subsidies, which are only
around Rp 15 trillion, the government is forced to increase fuel prices, which as a result of which will
certainly hit 200 million Indonesians, most of whom are still living in poverty.
Corruption makes it difficult for democracy and good governance In the world of politics,
corruption makes it difficult for democracy and good governance. Corruption in elections and in
legislatures reduces accountability and representation in the establishment of policy; corruption in
the court system stops the legal order; and corruption in public government produces imbalances in
public services. In general, corruption erodes the institutional capabilities of the government, due to
the neglect of procedures, the sucking up of resources, and officials being appointed or promoted
not because of merit. At the same time, corruption complicates the legitimacy of government and
democratic values such as trust and tolerance. 6. Disrupting Corruption Business also complicates
economic development by creating high distortions and inefficiencies. In the private sector,
corruption increases trade costs due to losses from illegal payments, management costs in
negotiations with corrupt officials, and the risk of cancellation
The country's general welfare Political corruption exists in many countries, and poses a great
threat to its citizens. Political corruption means that government policy often benefits the bribe-giver,
not the wider people. Another example is how politicians make regulations that protect large
companies, but harm small companies. These "pro-business" politicians only return help to large
corporations that make large donations to their election campaigns. 8. Lack of Public Trust in
Government Officials The amount of corruption that occurs among government officials. So as to
give the public insight that government officials are very easy to commit these crimes. From the
Government, which should be a role model and who must protect and prosper its people, instead
miserable its people by stealing State money that can be used for the welfare of the community. 9.
For the Poor, Corruption is also what makes the poor suffer more and more. Because if there is
How to Eradiate Corruption Eradicating corruption is not an easy job, especially in this
beloved land of Indonesia, because corruption has become a kind of disease that always eats away
at the human body and occurs in all lines and sectors of the life of the nation and state. Therefore, it
is not wrong if someone says that corruption has become part of the culture of the Indonesian nation.
Thus, to prevent and eradicate it is not an easy job like flipping the palm of your hand, but it requires
seriousness, unity and commitment from the government and law enforcement officials and if
necessary the Indonesian nation must declare war on corruption, because without this it is
impossible for corruption to be eradicated in the archipelago. The ways that can be taken to
eradicate corruption include the following. 1. Increasing the Appreciation of Religious Teachings
Increase the knowledge, practice and appreciation of religious teachings to its adherents, so that
religious people can grasp the essence of the religious teachings and the positive impact of the
religious teachings can be infused to attach to the actions and behaviors
Straightening Religious Understanding Straightening out the religious understanding referred
to here is to straighten out the religious understanding that giving something infaq/shodaqah to
anyone will get a reward when the money or property that is infaked/donated comes from what is
halal and not from what is haram. If the money/wealth comes from what is halal, then a good will get
a reward seven hundred times, as reflected in the Word of Allah SWT which means: The parable (the
livelihood spent by) those who spend their wealth in the Way of Allah is similar to a seed that grows
seven grains, on each hundred grains. Allah multiplies (the reward) for whomever He wills. And Allah
is Vast and Knowing. And if it is the other way around (from the haram), then the infaq/shodaqah will
not get any reward except the reward of evil/sin, as the hadith of the Prophet which means: It is not
accepted for one's prayer except in a holy state and it is not accepted for one's alms that comes from
fraud. 3. Changing the System As mentioned earlier, one of the reasons why a person commits a
corruption crime is due to opportunities and opportunities supported by a system that is very
conducive to committing corruption. For this reason, the system must be changed and improved so
that everyone does not have the opportunity and opportunity to commit corruption. One of the
problems that must be fixed is the inherent supervision from his superiors, the absence of lubricating
money, deposit money and so on.
Improving the Mentality Changing and improving the mentality of the Indonesian nation from
a fragile mentality to a strong and resilient mentality. To improve this mentality can be done through
increasing knowledge and practicing religion, because if a person's knowledge and practice of
religion are good, then it can be ensured that the person's mental attitude will be good, but
nevertheless not everyone who has a good mentality means that they have good knowledge and
practice of religion, because there are many other causes that cause a person to be mentally good.
5. Increasing Income Increasing the economy and/or employee salaries in accordance with the
needs of life in the community is one of the important steps that must be taken in order to eliminate
corrupt behavior because it must be admitted that the current salaries of employees are not enough
to live a decent life. The salary received is only enough for one or two weeks, so the employees are
trying to get additional money, one of which is through corruption. This employee's salary should be
given until he can afford to send his children to school and can also save/save for his old age. And
even the civil servant must be given a salary so that he can live a decent life like everyone else with
adequate facilities.
It is a habit for us Indonesians that every person becomes a high-ranking official in a
government, then the person concerned will become a backup and a place of dependence for his
family, as a result he is required to commit acts of corruption to meet the needs of his family,
moreover, the demand for these needs comes from people who are very influential to him such as
wives, mothers, brothers and others. Apart from that, in our culture it would be considered stupid
when he has nothing beyond his income, while he occupies an important position, as a result of
which he is forced to commit corruption. This culture must be changed and made into a family, it will
feel embarrassed when one person from his family helps another family with money from corruption
even though he is a high-ranking official. Therefore, it is better for the person concerned not to help
his family, if the aid money comes from the proceeds of corruption. 7. Eliminating Habits and
Togetherness Eliminating habits and togetherness in committing corruption, because in reality
corruption has become a habit for those who have the opportunity and opportunity to do so, plus this
corruption practice has been carried out by many people, and even carried out in congregations. For
this reason, this habit must be prevented and eradicated to the roots, so that it disappears
completely from the earth of Indonesia.
Improving Law Enforcement. Our law enforcement is indeed very weak even though the rules
are very complete, that's why people are not afraid to commit corruption repeatedly. Therefore, the
enforcement of this law must be carried out indiscriminately and without favoritism with severe and
firm punishment as mentioned by the Prophet Muhammad SAW, "If my son Fatimah steals, I will
definitely cut off his hand." This law enforcement can also be carried out by the community by
alienating or boycotting the corruptor from public association, for example, if the corruptor invites to
attend his child's wedding, for example, then the community agrees not to attend the party. Or it can
also be in the form of not involving them in social activities. And if it is deemed necessary, it can also
be done by luring the corruptor from buying and selling daily necessities. If he sells something, he is
not bought for sale, and if he wants to buy something, he is not sold to him. 9. Fostering guilt and
shame. This is felt to be very important because the corruptors and some of the Indonesian
population have lost their guilt and even more shame. Therefore, it is necessary to make efforts to
foster this guilt and shame. This can be done with a religious approach. 10. Cultivate the nature of
Honesty in oneself. This is felt very urgent because honesty is a very valuable asset for a person
Eliminating Greed and Greed Getting rid of greed and greed is a very important thing in the
eradication of corruption because these two traits plunge human beings into the abyss of humiliation
and destruction because these two attitudes lead people to the attitude of never feeling satisfied
and never feeling enough even though the wealth they have had is abundant. This can be done,
among other things, by deepening, practicing and appreciating religious teachings. 12. Cultivate a
culture of hard work. Fostering a culture of hard work must be made a top priority in preventing
corruption because this attitude will be able to fortify people from the tendency to get rich quickly,
without effort and without hard work. In religious teachings, it is stated that work is an obligation that
must be done by the ummah. 13. Eliminating Materialistic, Capitalistic and Hedonistic Natures,
These three traits are very vulnerable to plunge someone into committing corrupt behavior. People
who have these three traits will never feel fasting
These terms are Risywah which means bribery, Saraqah which means Theft, al-Gasysy or al-Ghulul
which means Deception, and Khiyanah which means Betrayal. These four terms are moral and
humanitarian languages that are expressly contained in the Quran and al-Hadith of the Prophet
PBUH. Theoretically, the position of corruption in Islamic law is a criminal act which in Islamic terms
is called Jinayah and or Jarimah. The principle of legality of Islamic law on corruption is very clear and
firm. It is an act of theft and therefore the perpetrators of corruption must be punished. In the Qur'an,
Allah SWT says:
In addition, corruption is a form of betrayal of religion because it is more of a trust placed on
its shoulders. He also misappropriated and abused the duties and responsibilities given to him.
Therefore, he must be punished and given clear and severe legal sanctions because in this case
there are two sins that he commits. The first is a sin to the nation and state because he misuses the
country's finances and economy, and the second is a sin to Allah SWT because he betrays the trust
entrusted to him. In the Qur'an, Surah an-Nisa' verse 58, Allah SWT says:
Judging from the condition of the person who will perform the marriage, there are five
marriage laws: 1. Jaiz (permissible), which is the law of origin of marriage. 2. Circumcision, which is
for people who already have the desire to get married and have the ability to provide for themselves.
In addition, he can still protect himself from adultery. 3. Mandatory, namely for people who have the
ability to provide for their families, in addition to worrying about falling into immorality or adultery if
they do not get married immediately. 4. Makruh, which is when the person who performs marriage
has a strong desire, but he does not have the ability to provide for himself. 5. Haram, that is, if it is
done with bad intentions such as to hurt women or other bad intentions. B. Purpose of Marriage 1.
Carrying out the commands of Allah and the sunnah of His Messenger
Pillars of Marriage 1. Prospective husband, the conditions: Islam, male, not forced, not
mahram of the prospective wife, not in ihram hajj/umrah, at least 19 years old (only Indonesia). 2.
Prospective wife, the requirements: Islam, female, not mahram of the prospective husband, not in
Hajj/Umrah, at least 16 years old. 3. Sighat, an agreement consisting of ijab and qabul. 4. Bride's
guardian The requirements for guardianship are as follows: a. Resourceful. b. Puberty. c. Merdeka
(not slaves). d. Religious similarity. Therefore, it is not valid to be a guardian of the infidels for both
male and female Muslims. Likewise, it is not valid for Muslim guardianship for male or female infidels.
As for the infidels who become guardians for infidel women, even though they are of different
religions. And a person who leaves the religion (apostasy) cannot be a guardian for anyone. e. Fair,
not evil. Some scholars make this a condition, but others suffice with the previous conditions. Some
of them meet the conditions
Wise, that is, a person who is able to know equality (between the two couples) and the
benefits of marriage. h. The guardians must be in order according to the jurists. Therefore, it is not
allowed to pass through the nearest guardian, unless the nearest guardian is not present or does not
meet the requirements. A woman's guardian is her father, then the person she bequeaths to be her
guardian, then the grandfather from the father to the top, then the son, then the grandson to the
bottom. Then the biological brother, then the half-brother, then the child of both. Then the biological
uncle, then the father's uncle, then the child of both. Then the closest one from the side of the
descendants of the asobah as in the inheritance. Then the Muslim rulers (and the people who
replaced them such as
Judge) as a guardian for those who do not have guardianship. The words of the Prophet Muhammad
PBUH
The composition of the Wali that is considered valid to be the guardian of the bride is
according to the following order: a. The father b. His grandfather (father of the bride) c. Brothers who
are half-brothers with him d. The brother who is the same father as him e. The son of a brother who
is the father of his mother f. The son of a brother who is the same father as him g. Your brother who
is a man (uncle of the father's side) h. His uncle's son from his father's side i. Judge
Prohibition of Marriage 1. Prohibition of marriage due to blood relations This prohibition is
detailed in the Qur'an surah an-Nisa' verse 23 which among others says the prohibition of marrying
(1) mother, (2) daughter, (3) sister, (4) mother/aunt's sister, (5) father's sister, (7) daughter,
brother/nephew, (8) sister's sister.
The prohibition of marriage due to family relations is due to marriage.
This prohibition is also mentioned in the Quran surah an-Nisa' verse 2 which affirms the prohibition
of marriage: (1) female in-laws, (2) stepchildren if they have mixed with their mother, (3) daughters-
in-law, (4) stepmothers (QS 4:22). 3. The prohibition of marriage due to breastfeeding In QS an-Nisa':
23 it is emphasized that it is forbidden to marry: (1) a nursing mother, i.e. a woman who has breastfed
her, (2) a sister of a breast, i.e. a woman who has breastfed with the same nursing mother. 4.
Prohibition of marriage due to different religions This prohibition is stated in the Qur'an Surah al-
Baqarah: 221 which means: And do not marry polytheistic women before they believe. Indeed, a
believing female servant is better than a polytheistic woman, even though she attracts your heart.
And do not marry a polytheist before they believe. Indeed, a believing male servant is better than a
polytheistic man, even if he attracts your heart. They invite to hell, while Allah invites them to heaven
and forgiveness with His permission. Although in the Qur'an Surah al-Maidah: 5 there is an ability for
a Muslim man to marry a woman in the book, but for the unity of faith and the integrity of the
household, Islamic jurists are of the opinion that this ability is not used. There are even some who
prohibit it. In that case, at this time there are no ahlul women of the book, there are only infidel or
polytheistic women. Therefore, there is no possibility of marrying a non-Muslim woman.
Thalaq, Iddah and Ruju' 1. Thalaq a. Definition of Thalaq According to the language, aththalaq
comes from the word al-ithlaq, which means to let go or leave. Meanwhile, according to the term,
talaq is to release the marriage bond and end the relationship between husband and wife. If the
marriage of husband and wife cannot achieve the goal of marriage, then it will result in the separation
of two families. Because there is no agreement between husband and wife, then with the justice of
Allah SWT He opens a way out of all those difficulties, namely the door of divorce. Especially if the
marital dispute causes hostility, planting the seeds of hatred between the two
Therefore, by looking at the benefits or harms, there are four laws of talaq, namely: 1).
Mandatory. If there is a dispute between husband and wife, while the two judges who are in charge
of the case of the two have considered it necessary for the two to divorce. 2). Circumcision. If the
husband is no longer able to pay and meet his obligations (his maintenance), or the woman does not
maintain her honor. 3). Haram (bid'ah) in two circumstances. First, dropping talaq when the wife is
menstruating. Second, dropping talaq during the holy time that he has interfered with during the holy
time. The Prophet PBUH said, which means: "Tell your son so that he will refer (return) to his wife,
then let him continue the marriage until he is holy from menstruation, then he menstruation again
and then also be holy from the second menstruation. Then if he wishes, he may continue the
marriage as before, or if he wishes, divorce him before interfering. This is the iddah that Allah
commanded that women be talaq at that time." (Narrated by Hadith Experts)
Talak pronunciation There are two types of sentences used for divorce, namely: 1). Sarih (bright),
which is a sentence that does not doubt that what is meant is to break the marriage bond, as the
husband said, "You are tabal" or "I divorce you". This sarih (bright) sentence is not necessary with
intention. It means that if it is said by the husband, intentionally or unintentionally, the two continue
to divorce, as long as the words are not in the form of a tale. 2). Kinayah (satire), which is a sentence
that is still in doubt, can be interpreted for divorce or something else, such as the husband's words
"go back to your family's house" or "go out of here" and so on. This sarcastic sentence depends on
the intention, meaning that if it is not intended for divorce, it will not fall into talaq. If the intention is
to impose talaq, then it becomes talaq c. Various types of thalak. Thalak according to its form, is
divided into: 1) Ila' is a husband's oath not to gather his wife for a reason. In the time of ignorance, a
wife who has been ila' by her husband, her husband no longer provides her with alimony and is no
longer taken care of, but if she wants to get married, it is not allowed. Then after Islam came, the
rules in ila' were four months at most. After that, the husband must decide whether he wants to
return to his wife or divorce her. But if in four months the husband remains silent, then the wife has
the right to file a divorce lawsuit. 2) Lian is a mutual curse between husband and wife. Lian occurred
because one of the (husband/wife) accused the person of committing adultery, while the accused
insisted on denying the accusation. If this problem cannot be resolved, then both of them come
before the judge to take an oath. In front of the accuser judge, he was told to swear five times, four
times to swear that, "By Allah you have committed adultery" and the fifth was "I am willing to accept
the curse of Allah if I lie". Likewise, the opposite is true of the accused. If the accuser does not want
to take an oath, he is detained until he wants to swear or have his charges revoked. 3) Dzihar, in
language means back. In fiqh terms, dzihar is interpreted as the word of the husband to his wife who
intends to equate his wife with his own mother. In the time of Jahilia dzihar it was considered
something negative where in this position the wife was hanging her life, not married and not widowed.
But after Islam is present, it is indeed haram for women who are dhihar to be but only temporarily,
until after their husbands pay kafarat. 4) Fasakh is the annulment of marriage carried out by the court
because one of the parties (husband/wife) is unable to perform its obligations. The reasons that can
be submitted by the fasakh include: The husband is seriously disabled. The husband does not
provide for his wife. The husband has an affair with another woman. The husband apostates or
converts to religion.
The woman who was abandoned by her husband was sometimes pregnant and sometimes not. So
the provisions of the iddah are as follows: a. For pregnant women, the iddah is until the birth of the
child they are carrying, both divorced and divorced. This is in accordance with the words of Allah SWT
in surah AtTalaq:4 which means: "And women who are pregnant, their iddah time is until they give
birth to their wombs" b. Women who are not pregnant, sometimes divorce dead or divorce alive. The
divorce is iddah which is 4 months and 10 days. The words of Allah SWT which means "Those who
die among you, by leaving their wives (let the wives) suspend themselves (ber'iddah) for 4 months
and 10 days" (AlBaqarah:234) The first verse (At-Talaq verse 4) is general, including divorce from life
or divorce from death. If she is pregnant, the iddah is until the birth of her child. The second verse (Al-
Baqarah verse 234) also generally covers women who are pregnant or not. If the divorce is divorced,
the iddah will be dead for 4 months and 10 days. Divorce: A woman divorced by her husband divorces
her life, if she is menstruating,
The iddah is three times holy. The words of Allah SWT which means: "Women who are talaq should
refrain (wait) three times for purity." (Al-Baqarah:228) If the woman is not menstruating, the iddah is
for three months. The words of Allah SWT which means: "And those who have menopause because
of the age among your women, if you doubt (about the iddah period), then their iddah is three