TINJAUAN HUKUM ISLAM TERHADAP PERCERAIAN TANPA ADANYA PENYAKSIAN DI MUKA SIDANG PENGADILAN AGAMA KABUPATEN SUMENEP (STUDI KASUS DI DESA KARANGBUDI KECAMATAN GAPURA)

Abstract

The family becomes a benchmark because the family is the first place to get knowledge, love and moral formation. Family portraits today, from case to case are revealed, it turns out that moral life departs from family inequalities. For this reason, it is necessary to socialize how to form a sakinah family, namely knowing the spouse, the rights of the wife and husband, the obligations of the husband and wife. Based on the explanation above, the researcher suspects that the occurrence of a disorganized family divorce leads to a dispute, so that one of the parties is no longer able to run the household. The research location in this study is located in Karangbudi Village, Gapura District, Sumenep Regency. This study uses qualitative research, namely the main data collection techniques, namely three techniques, namely observation, interviews and documentation. Someone who divorces outside the Court, already knows that divorce can only be done before the Religious Court trial. Due to several factors they prefer to divorce outside the Religious Courts, among the factors that encourage the people of Karangbudi Village, Gapura District, include economic factors, age, lack of religious knowledge, incompatibility of spouses, complicated procedures and stages of the Religious Courts. The impact of divorce outside the trial of the Religious Courts in Karangbudi Village, Gapura District, is that there is no distribution of gono-gini assets that have legal certainty.