Kajian Hukum Perceraian dalam Perspektif Masyarakat Muslim di Kota Medan

Abstract

Divorce as the consequences of marital law is arranged according to customary law system, Islam law system and national, Medan as the capital of North Sumatra own the cultural goose of federation law to have the character of geneologis patriliinial, made by competent matrilinieal and parental of this dissertation research location is entitled the later " Study of Divorce Law in The Perspective of Moslem Society in Medan City".

Social Phenomenon formulated in research problem is why happened by the divorce without bothering rules and regulations of marriage that is act Number I Year 1974, why traditional Customary Law according to its origin each in divorce case in inter culture to Islamic Law and how solution conducted to divorce of outside justice band to all party, elaborated totally and check according to fact through descriptive study.

Data primary type obtained from Malay moslem society group, Minangkabau and Mandailing, In Medan city. Determination of population Proxy as sample use the device sample of is non probability, technique purposive sampling with parameter assumed 85% to mount the belief 99% later; then citizen of sample specified by proposional according to ability storey; level 10% from its result population amount to 151 people and believe in Islam type data secunder obtained from bibliography also Justice of Religion to jurisprudence and decision. Method data collecting is enquette, interview and documenter.

Result of data gathered to be analyzed by a goodness qualitative and also quantitative meant in regulation qualitative impress by keep out because conclusion to problematic the happening of divorce without bothering rules and regulation of marriage caused by a divorce appearance complicated problem which is not be solved by hence divorce cases because agreement as easy short cut conducted believed rightful according to Law Islam ( knowledge to Islam law assessed + 83.50%, Customary Law I 82.02% and Law National + 77.31%) that way also the problem of polygamy from time to time causing opportunity toward of rules and regulations deviation. Solving of divorce case problematika outside justice band in fact can be conducted by passing application of stipulating isbat merried but is always disregarded hence solution assumed adequate pursuant to agreement outside band justice of which can be ascertained according to positive law which go into effect don't have legal consequences,