Persepsi Ulama, Masyarakat dan Hakim Mahkamah Syar'iyah Tentang Perceraian di Luar Mahkamah Syar'iyah

Jamaluddin, Jamaluddin and Nazaruddin, M and Nanda, Amalia and M. Rasyid, Laila (2014) Persepsi Ulama, Masyarakat dan Hakim Mahkamah Syar'iyah Tentang Perceraian di Luar Mahkamah Syar'iyah. Jurnal Nanggroe, 3 (2). pp. 139-160. ISSN 2302-6219

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Abstract

This study is going to talk about how the public perception, scholars and judges about the divorce that has occured outside the Islamic court. Location of the study was conducted in Pidie and North Aceh district, using empirical judicial approach. The method of data collection is in depth interviews, which were conducted againts the scholars, public and Islamic court judges with purposive sampling. The result showed that there is still pluralism of legal understanding, shown by the large number of divorces that have occured outside of Islamic court. This happens because the strong of the Islamic law or fiqh imam's opinion by the local ulama version in people's live. while the judges of Islamic court still depend on to the provisions of national law marriage.

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