Analysis of The Rationale For Benefits and Harms In Divorce Proceedings

Abstract

This study aims to explain a general overview of the meaning of divorce by lawsuit and the procedures for legal validity, and to examine maqashid al syari'ah in assessing divorce by lawsuit as an instrument for realizing legal benefits. This study is a qualitative study. The research design is a literature study. The results of this study show that: First, divorce by lawsuit is the legal right of a wife to protect herself from injustice and is also an instrument of maqashid al-syari'ah in protecting the welfare of the soul and honor. When a marriage no longer fulfills the objectives of sharia and instead causes harm, divorce becomes a legal solution to guarantee women's rights and restore balance in life. Second, juridically and philosophically, divorce by lawsuit focuses on preventing greater harm in order to avoid mental and physical destruction. Its application is justified as long as it aims to avoid mafsadah (harm), because Islamic law is always based on the protection of humanity and the achievement of true justice for all parties.