Talak dan Fasakh: Analisis Komparatif Empat Madzhab serta Implikasinya terhadap Kepastian Hukum Perceraian di Indonesia

Abstract

This article examines khulu' as a mechanism for divorce at the request of the wife accompanied by compensation, emphasizing the doctrinal debate over its legal status: whether khulu' includes talaq or annulment of a marriage contract. These differences in classification have direct implications for the legal consequences after divorce, such as the finality of the breakup of the marriage, the opportunity for reference, the need for a new contract, and its relationship with the calculation of divorce. This study uses normative legal research methods with a literature study approach and comparative analysis of the views of four madhhabs (Hanafi, Maliki, Shafi'i, and Hanbali). The results of the study show that the Hanafi, Maliki, and Shafi'i madhhabs generally place khulu' as part of the final talaq, so that it does not open unilateral references and requires a new contract if the parties want to get back together. On the other hand, the Hanbali madhhab tends to classify khulu' as the annulment of the marriage contract, which remains final but is not always positioned in the structure of counting talaq. This article also emphasizes that these differences in classification affect the certainty of divorce law in Indonesia, especially in the consistency of terminology and formulation of legal consequences in Religious Court decisions. Thus, it is necessary to affirm  the khulu' category  and clarity of legal formulation to strengthen the certainty of the status of the parties after divorce.