Dekonstruksi Fatwa Ta’lik Talak dalam Konteks Perkawinan Modern Perspektif Maqāṣid al-syarī‘ah dan Gender

Abstract

The ta'lik talak fatwa is a conditional divorce declaration formalized after the marriage contract and applied uniformly within Indonesia’s Religious Courts. Although initially intended to protect wives, in practice and formulation, it reinforces unilateral male authority in the divorce process. This imbalance is exacerbated by the lack of couples’ understanding of the content and legal implications of ta'lik talak, as well as by a legal system that remains unresponsive to modern social dynamics. This study aims to analyze and critique the substance of the prevailing ta'lik talak fatwa in Indonesia by examining its alignment with the principles of maqāṣid al-sharī‘ah and gender justice in contemporary society, and to propose a contextual and equitable reformulation. Employing a descriptive qualitative method, this research uses content analysis, legal hermeneutics, and prescriptive analysis. Data were obtained from official fatwa documents, the Marriage Law, the Compilation of Islamic Law, Religious Court decisions, and literature on maqāṣid and gender studies. The findings reveal that the ta'lik talak fatwa contains structural biases that disadvantage women and fails to accommodate social transformation. A reformulation grounded in maqāṣid and gender justice is necessary to realize an Islamic family law that is more contextual, egalitarian, and just.