Taklik Talak in the Perspective of Mazhab Zahiri, Fiqh Syafi'iyyah and Indonesian Positive Law: A Comparative Analysis and Conceptual Novelty

Abstract

This study reviews the presentation of the legal position of taklik talak according to Mazhab Zahiri, Fiqh Syafi'iyyah, and the Indonesian positive legal system. The study is conducted using a normative-comparative approach through an in-depth review of the two main sources. The findings show that there is a fundamental difference in interpreting the validity and legal consequences of taklik talak. Mazhab Zahiri rejects its validity, Fiqh Syafi'iyyah allows it and considers it valid if the conditions are met, while Indonesian positive law requires a court process to determine the validity of the divorce. The original contribution of this article lies in mapping the concept of taklik talak as an instrument to protect the rights of wives in the Islamic family law system in Indonesia, by bridging between classical fiqh values and state law provisions.