Talak Suami Atas Perintah Mertua (Studi Kasus di RT. 15 Kelurahan Margo Mulyo Kecamatan Balikpapan Barat)

Abstract

This research is motivated by a case of a husband mentally abusing his wife on orders from in-laws in RT 15, Margo Mulyo Village, West Balikpapan District. In the initial interview that the researcher conducted, the reason the parents-in-law forced their daughter-in-law to divorce their children was because the husband had made a mistake, namely abusing his wife's own niece. In-laws view that what the daughter-in-law has done has tarnished the good name of the family and damaged the future of her grandchildren, this is also at the insistence of the wife's brothers who already hate her brother-in-law because of this mistake. The researcher describes several things that form the theoretical basis for this research. That is related to the understanding of divorce, the basic law of divorce, the pillars and conditions of divorce, various kinds of divorce, the wisdom of divorce, the meaning of forced divorce, the causes of forced divorce, the law of forced divorce and divorce on the orders of the in-laws in terms of Islamic law. This research is a qualitative field research, then analyzed with an analytical descriptive approach based on the theoretical basis of husband's divorce on the orders of the in-laws. To collect data, the researcher used interview technique which refers to the interview guide, observation, literature study, documentation and trangulation to find out the husband's divorce on the orders of the in-laws. Based on the description of the case that the researchers found against a family who divorced their husband on the orders of the in-laws, it can be concluded that the main factor in which the in-laws ordered their daughter-in-law to divorce his wife was because the son-in-law had sexually abused his wife's niece, which could damage the future of her niece. The conclusion is that even though the husband drops the divorce in a forced state but the husband is still in a conscious condition, the divorce is still valid and falls because this returns to the pillars and conditions for the validity of the divorce, namely the husband who is intelligent or conscious, the wife who divorced and lafaz or words spoken by the husband. This is also reinforced by the legal process from the court.