Review of Fiqh Legal and Positive Law Regarding DivorceProcedure

Abstract

This research explains the review of fiqh legal and
positive law regarding the procedures for divorce.
the purpose of writing this article is to provide
education, information and advocacy to readers so
that divorce is carried out in a civilized manner by
adhering to fiqh legal procedures and positive
law. this type of research is qualitative legal
research and normative legal research, namely
what we know as library law research, namely
legal articles that are carried out by researching
based on materials sourced from the literature. the
data sources used by the author in this article
include primary legal materials, namely
applicable laws and regulations which provide a
description of primary legal materials in the form
of commentaries, general books, journals,
documents and other references related to this
article. the results of writing this article are: first,
the husband has the authority to give talaq or
divorce his wife if the problem at hand has no way
of solving the problem. second, husband and wife
should always prioritize peaceful mediation and
avoid conflicts that can trigger household damage.
third, divorce should follow the legal mechanism
of fiqh and positive law according to existing
regulations