Konsekuensi Hukum Kekerasan dalam Rumah Tangga terhadap Tingkat Perceraian: Perspektif Hukum Islam dan Positif

This research discusses "The Legal Consequences of Domestic Violence on Divorce Rates" by considering Islamic and positive legal perspectives in the Tangerang City Religious Courts. Qualitative research methods with a case study approach are used to understand the complex phenomenon of domestic violence and divorce in more depth and contextually. Data was collected through interviews with the parties involved, including divorce applicants, domestic violence victims, Religious Court judges, and lawyers. Data was also obtained from legal documents related to domestic violence and divorce cases. The research results reveal the main conclusions. First, factors causing domestic violence include weak mental quality, lack of religious values, low education, an unsupportive family environment, and lack of moral values. Second, the role of the family environment in shaping a person's behavior, especially children, is in the spotlight. An abusive and aggressive family environment can contribute to similar behavior in domestic relationships as an adult. This research provides a deeper understanding of the impact of domestic violence on divorce and illustrates the complexity of this issue in the context of Islamic and positive law.

Authors

Publication Details

Journal
Qonuni Jurnal Hukum dan Pengkajian Islam
Published
2025-02-27
DOI
https://doi.org/10.59833/axb6cp77
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

Konsekuensi Hukum Kekerasan dalam Rumah Tangga terhadap Tingkat Perceraian: Perspektif Hukum Islam dan Positif

Asep Ubaidillah
Qonuni Jurnal Hukum dan Pengkajian Islam
Marriage and Family Dynamics
article

Konsekuensi Hukum Kekerasan dalam Rumah Tangga terhadap Tingkat Perceraian: Perspektif Hukum Islam dan Positif

Asep Ubaidillah
article en

Abstract

This research discusses "The Legal Consequences of Domestic Violence on Divorce Rates" by considering Islamic and positive legal perspectives in the Tangerang City Religious Courts. Qualitative research methods with a case study approach are used to understand the complex phenomenon of domestic violence and divorce in more depth and contextually. Data was collected through interviews with the parties involved, including divorce applicants, domestic violence victims, Religious Court judges, and lawyers. Data was also obtained from legal documents related to domestic violence and divorce cases. The research results reveal the main conclusions. First, factors causing domestic violence include weak mental quality, lack of religious values, low education, an unsupportive family environment, and lack of moral values. Second, the role of the family environment in shaping a person's behavior, especially children, is in the spotlight. An abusive and aggressive family environment can contribute to similar behavior in domestic relationships as an adult. This research provides a deeper understanding of the impact of domestic violence on divorce and illustrates the complexity of this issue in the context of Islamic and positive law.

Qonuni Jurnal Hukum dan Pengkajian IslamVol. 3(01)
Openalex Percentile: Top 90%
Marriage and Family Dynamics
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