Normative Criticism Of Article 115 Of The Khi On Divorce Before A Judge From A Classical Fiqh Perspective

This study aims to analyze and critique Article 115 of the Compilation of Islamic Law (KHI) concerning divorce before a judge and to examine its compatibility with the principles of classical fiqh. This research employs a descriptive qualitative design based on bibliographic and documentary sources, using a normative juridical and comparative approach. The results of the study indicate that classical fiqh positions divorce as the absolute authority of the legitimate husband without the need for judicial intervention, while the KHI limits this practice by transforming it into a judicial process for the protection of the wife and legal certainty. As a solution, this study proposes a compromise model. If Article 115 of the Compilation of Islamic Law (KHI) is to be retained, it should be reviewed to ensure its consistency with the principles of classical fiqh. Harmonization can be achieved by combining material and formal validity. The pillars and conditions of divorce still refer to the provisions of classical fiqh, but in positive law, the vow of divorce must absolutely be pronounced in a court hearing as a formal requirement for it to have binding legal force and consequences. This is crucial to prevent legal dualism and protect the civil rights of the wife after divorce.