Divorce of Talaq Due to Toxic Relationship in The Household Perspective of Daf'u al-Dharar: An Analysis of Decision Number 429/PDT. G/2024/PA.MT
DOI:
https://doi.org/10.64344/hry.v2i1.104Keywords:
Divorce Talak, Toxic Relationship, Daf'u al-Dharar, Ratio Decidendi, Religious CourtAbstract
This study analyzes the judge's legal considerations in talaq divorce cases motivated by unhealthy domestic relationships and assesses its relevance to the principles of Daf'u al-Dharar. The focus of the research is directed at the Decision of the Metro Religious Court Number 429/Pdt.G/2024/PA.Mt. The research uses a juridical-normative method with a statutory approach, a case approach, and a conceptual approach. The primary legal material consists of court decisions, Government Regulation Number 9 of 1975, and the Compilation of Islamic Law. Secondary legal materials are in the form of journals and books on divorce, toxic relationships, fiqh rules, and maqashid al-shari'ah. The data was analyzed descriptive-analytically through the identification of legal facts, the assessment of ratio decidendi, and the interpretation of the principle of benefit. The results of the study showed that the judge granted the application verstek after the Applicant proved the existence of continuous disputes, separation of residence for about ten months, failure of peace, and no hope of living in harmony again. This fact fulfills Article 19 letter (f) of Government Regulation Number 9 of 1975 jo. Article 116 letter (f) of the Compilation of Islamic Law. The term toxic relationship is not used as a standalone legal reason, but serves as an analytical category to explain destructive communication patterns, loss of trust, emotional distress, and relationship fractures. Substantively, the verdict reflects Daf'u al-Dharar because divorce is placed as a last resort to stop psychic harm and protect the soul, intellect, dignity, and legal certainty of the parties.
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Primary Legal Material
Indonesia. Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019.
Indonesia. Government Regulation No. 9 of 1975 concerning the Implementation of Law No. 1 of 1974 concerning Marriage.
Presidential Instruction No. 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law.
Metro Religious Court. Decision Number 429/Pdt.G/2024/PA.Mt.
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