TAKLIK TALAK PERKAWINAN DALAM PERSFEKTIF HUKUM ISLAM (STUDI TERHADAP KOMPILASI HUKUM ISLAM PASAL 45) Usman Betawi1, Riri Silvia2, Sinta Ramadani3

Abstract

This study aims to explain the provisions of taklik talak according to the Compilation of Islamic Law (KHI) in Indonesia, explain the rights of the husband and the rights of the wife and to determine the effect of taklik talak on the integrity of the household. This research focuses on the view of Article 45 of the Compilation of Islamic Law and related articles that regulate the taklik talak rules that apply to Islamic families in Indonesia. The type of research carried out is library research, namely a research whose data sources are obtained from libraries, books or written works that are relevant to the subject matter under study and are normative descriptive-analytic which describes the marriage agreement described in the Act. Marriage Number 1 of 1974 and the explanation of the marriage agreement in the Compilation of Islamic Law. The data collection technique was carried out by collecting data related to research, namely reading literature sources, such as the Marriage Law Number 1 of 1974 and the Compilation of Islamic Law, especially regarding marriage agreements that have to do with taklik talak. The results of the study show that in Indonesia, the reading of taklik talak by the husband  after the implementation of the marriage contract is something that is commonly done. In principle, there is taklik talak so that there is a balance between the absolute right to divorce given to the husband and the protection of the wife from the husband's arbitrariness. Considering the purpose of taklik talak is to protect the wife, it is recommended that in every marriage an agreement is held called taklik talak because in marriage, the right to divorce is only in the hands of the husband.