CONDITIONS OF DIVORCE IN THE PROGRESSIVE VIEW OF FEMALE SCHOLARS FROM NAHDLATUL ULAMA AND MUHAMMADIYAH IN PAMEKASAN DISTRICT

Abstract

The stereotypes and culture of the Madurese people, steeped in local culture and Sufism, still have minimal understanding of the conditions of divorce in terms of its legal requirements and the urgency of protecting women. Therefore, this research aims to provide a collection of knowledge about the study of Islamic law and positive law regarding the permissibility of conditions of divorce, as well as the views of female scholars who were members of Muslimat Nahdlatul Ulama and Aisyiah Muhammadiyah on the existence of conditions of divorce and its benefits in marriage. This type of empirical legal research uses an anthropological perspective approach and an interpretive sociological perspective. The results of this study, namely, divorce conditions, are permissible in Islam. In contrast, government regulations governing speech, writing, and gestures of conditions of divorce include Law No. 1 of 1974 concerning marriage agreements, Regulation of the Minister of Religion No. 11 of 2007 concerning Marriage Registration, Regulation of the Minister of Religion of the Republic of Indonesia No. 2 of 2000 and Article 45 and the Compilation of Islamic Law (KHI). According to the views of female clerics Aisyiah and Muslimat NU regarding conditions of the divorce, namely as a normative spirit or basis of the Qur'an and Hadith, awareness of rights and obligations, and equality in the household. Then it can be drawn several benefits that arise from the conditions of the divorce, including self-limitation, as a protector, keeping commitments, and avoiding conflict.