ANALISIS MEKANISME PERCERAIAN DALAM KOMPILASI HUKUM ISLAM DAN IMPLEMENTASINYA DI INDONESIA

Abstract

This study aims to analyze the divorce mechanism as regulated in the Compilation of Islamic Law (KHI) and to evaluate its implementation within Indonesian society. Utilizing a qualitative approach through library research, this study examines various legal texts, academic journals, and normative documents. The findings reveal that although the KHI provides a structured legal framework emphasizing the protection of women’s and children’s rights, its implementation remains problematic. Common issues include unofficial divorces outside the religious courts, ineffective mediation processes, and low public legal awareness. The study recommends comprehensive reforms to Islamic family law that are more responsive to social realities, along with enhanced legal education to promote justice and legal certainty in divorce proceedings.