Persepsi Anggota MUI Balikpapan Tentang Talak Hazl

Abstract

Marriage is fundamentally intended to unite a man and a woman through a legal contract. However, in some cases, circumstances arise that make it impossible for the husband and wife to stay together, with divorce being the final solution when reconciliation is no longer possible. Divorce has significant consequences, and it should not be declared carelessly, including being used as a joke (hazl), even if the husband does not intend to divorce. This study aims to explore the perceptions of Balikpapan MUI members regarding hazl talak and its Islamic legal perspective. This research employs a field study with a qualitative descriptive approach, analyzed based on theoretical foundations. Data collection methods include observation, interviews, and documentation. The subjects of this study were Balikpapan MUI members, while the object was their perceptions of hazl talak. The results reveal two main perceptions. The first perception considers divorce in jest to be valid. The second perception argues that a divorce under joking circumstances does not count. The first perception aligns with a hadith narrated by At-Tirmidhi and QS. Al-Baqarah [2]: 231. The second perception emphasizes the importance of intention in determining the validity of divorce