Abstract

There is a difference of divorce settlement between the jurisprudence and the authority of the religious court. According to the concept of Jurisprudence, divorce can fall anytime and anywhere, although no one witnesses. However article 115 of the Compilation of Islamic Law (KHI) states that the marriage break can only be done in front of the court, after the judge tried and failed to reconcile both parties. The same thing is also described section 39 of the Marriage Law (UUP). KHI and UUP are the material laws applicable in the Religious Courts.
The marriage law has been in effect effectively for 42 years, and KHI is 26 years old. But until now has not done well. This is due to the strong law of fiqh that is embedded in the psyche of Muslims. Another cause is that the Marriage Act is not properly disseminated. Marriage Law is socialized among educated people living in urban areas and in communities that already know the marriage law or the law is still socialized and absorbed by advanced societies.

Keywords: divorce, Jurisprudence, authority, religious court