KONSEPSI DAN DASAR HUKUM TALAQ BERDASAR KETENTUAN PADA HUKUM ISLAM

Abstract

This study examines the conception and legal foundations of talaq within Islamic law in response to persistent misunderstandings and the rising rate of divorce in Muslim societies, particularly in Indonesia. The main problem addressed is the lack of comprehensive understanding regarding the definition and normative basis of talaq according to Islamic jurisprudence. This research employs a normative legal method with a juridical approach, relying on primary sources such as the Qur’an, Hadith, and classical fiqh literature from the four major schools (Hanafi, Maliki, Shafi‘i, and Hanbali), as well as secondary sources including scholarly books and journal articles. The findings reveal that talaq, etymologically meaning “to release” or “to free,” is terminologically defined as the dissolution of a marital bond through specific pronouncements. Furthermore, the legal basis of talaq is firmly grounded in the Qur’an, particularly in Surah Al-Baqarah (229–231) and Surah At-Talaq (1–2), supported by authentic Hadiths and reinforced by scholarly consensus (ijma'). The study highlights that while talaq is legally permissible, it is morally discouraged and regulated to ensure justice and prevent misuse, thereby reflecting the balance between individual rights and social responsibility in Islamic law