Senin, 15 April 2013

divorce_ushfuriyah (11410073)


A. Verse and Tafsir Al-Qur'an About Divorce
Surat An Nisa 'verse 130
حَكِيمً وَٰسِعًا ٱللَّهُ وَكَانَ سَعَتِهِۦ مِّن كُلًّا ٱللَّهُ يُغْنِ يَتَفَرَّقَا وَإِن
That is:
If they separate, Allah will give respectively the adequacy of the overflow of His grace. And Allah is All-Embracing (of His bounty) Wise. (4: 130)
Merits of Islam than other religions is in its ability to provide solutions for the fact that occur in the family or community. Furthermore, the solution presented by Islam is not stiff and dry that delivers men to a stalemate. Islam provided a way out with good, flexible and can be implemented incrementally so well by adherents.
One problem faced by society is divorce. True, Islam encourage the youth to get married, but at the same time prohibiting (makrooh) to do a divorce. But in human life, it may sometimes appear that his name divorce, when both parties are no longer able to maintain the integrity of the household. In such circumstances, forcing them to stay together was a wrong decision, thus even more detrimental impact, not only for them, but even worse is the impact received by their children.
It gave an opportunity to divorce their husbands and wives who are no longer able to defend their domestic lives with a few conditions. Moreover, Islam reminded them of failure in marriage can not make them give up. They should always ask for guidance and hope to Allah SWT. With meaning, they still tried to form a new family back, good to get married again, or refer back to the former wife. Because the grace of God is not limited only to past lives.
B. Definition of Divorce
According to Spanier and Thompson (1984) divorce is a reaction to the marriage relationship is not going well and is not a disagreement regarding the marriage of the board, while Ahrons and Rodgers (in Carter & Mc Goldrick, 1981) is a disorder of divorce on the family life cycle, which can cause deep feelings and loss of family members.
Divorce is a legal marriage relationship rupture and permanent. This legal action will affect custody of the child, the rights of parents visit, division of property and child allowances. Divorce is usually preceded by conflicts between husband and wife is a complex process that initialize the various mood swings, psychological and environment (King, 1992).
Divorce is break the bonds of marriage between husband and wife with the decision of the court and there is enough reason to believe that between husband and wife can not have fellowship with one another as husband and wife (Soemiyati, 1982:12).
Goode ssedikit looking different. He argues that the view that considers the divorce was a "failure" is predicated bias kaena solely basing marriage on romantic love.
According Handoko divorce for children is the "mark of death" the integrity of the family, it's like half of "self" child is lost, life will never be the same again after their parents divorced and they have to accept sadness and a deep sense of loss.
According to Sayyid Sabiq, divorce comes from the word "Ithlaq" means releasing or leaving the child. In religious terms, it means releasing the bonds of marriage divorce.
Based on the description above can be summed up the meaning of divorce as a legal marital relationship rupture caused the marriage relationship is not going well which is usually preceded by conflicts between husband and wife, which in turn initiate the changes in emotional, psychological, environmental and family members and can lead to a feeling deep.


C. Stenberg Love Theory in Psychology Perspective
Daniel Goleman, author of Emotional Intelligence phenomenal classify love as one of the basic emotions of human beings, coupled with other basic emotions such as anger, sadness, fear, pleasure, surprise, annoyance, and embarrassment. This indicates that all people are basically the desire to love and be loved.
Even in theory belong to Abraham Maslow's Hierarchy of Needs, the need to love and be loved is the third level, under the necessity of self-actualization and self-worth or self-esteem, shows how important the existence of a feeling of love in human life.
According to Santrock (1995), Love can be classified into four forms of love, that is altruism, friendship, romantic or passionate love and passionate love or friendship. At this time the feeling of love is more than just a passion or romance, but an affection - a soulful love and affection. Love in adults is expressed in the form of a concern for others. early adults are better able to engage in a relationship together, where they shared their life with an intimate partner.
In connection with the love that is affection, Robert J. Sternberg (1993) proposed a theory of love known as "the triangular theory of love" to the effect that love has three main forms, namely passion - a love based on physical attraction and sexual partner; intimacy - love is based more on emotional feelings, and the commitment of love that is based more on cognitive assessment and our intention to kepping relationship, even when faced with a problem though.
Passion
Feelings towards physical attraction, romantic and interest in sex. Physical elements of passion is characterized by the stimulation of bodily high: when you feel the passion, the beating of your heart beat faster, you feel excited and also feel there is sexual stimulation. The existence of passion was caused dynamics of love between two individuals of the opposite sex because they feel sexually excited on her life partner. In romantic relationships, physical attraction and sexual one important thing to sustain the integrity of love.
Intimacy
An affective element which encourages individuals to always emotional closeness with loved ones. This impulse causes inidvidu mingle more familiar, warm, cherish, respect, and trust yag partner loves. Self-disclosure and intimate communication is important. Sternberg believes that this component is basically the same in every relationship romantic love, child, or friend. Initmacy including the welfare and pleasure each other.
Commitment
Is a cognitive boost that encourages individual retains a love affair with his beloved spouse. Commitments in the short term only a decision to love someone else while in the long term commitment to maintain that love. True commitment is a commitment that comes from within that will never fade / fade despite facing many obstacles, temptations, or a severe test in the course of his love life. Commitment will be seen by the efforts of the act of love (love behavior) is likely to increase the sense of trust, a sense of welcome, feel valued, and feel loved her life partner. Thus, the commitment to strengthen and perpetuate the life of love to the end. Death that separates these relationships.
This is a Triangular Theory of Love by Stenberg

Furthermore Sternberg argues that if there is only passion in the relationship, without the intimacy and commitment, then there is only passion. Conversely, if the relationship has the intimacy and commitment, but little passion or no, then there is love that is affection or camaraderie. It is often found in couples who have developed relationships for years. But, if there is only passion and commitment then it is called as "fatuous love" (love silly). So the most powerful type of love is called the "Consummate love" (perfect love) only if all three support each other and have the same portion in establishing the meaning of true love to your partner.




D. The Case Study of Divorce
Titi Sjuman (Kantik/detiKHOT)
Jakarta - Pada 31 Januari lalu, aktris Titi Sjuman diam-diam menggugat cerai suaminya, Wong Aksan ke Pengadilan Agama Jakarta Selatan. Titi pun akhirnya buka suara soal perceraiannya itu.
          

Perbedaan prinsip lah yang membuat rumah tangga yang telah mereka jalin selama delapan tahun itu retak. Ia kini sudah merasa tidak sejalan lagi dengan sang suami.

"Seiring jalannya waktu, kita ada di titik yang nggak bisa di jalan yang sama lagi. Makanya kita putuskan untuk berpisah," ujar Titi yang berusaha tegar saat ditemui
di Gedung Trans TV, Jakarta Selatan, Sabtu (9/2/2013).

"Pada intinya tidak ada pasangan suami istri yang sengaja menikah untuk bercerai, ini terjadi sama saya dan mas Aksan. Di sini tidak ada yang salah atau benar, yang ada adalah prinsip yang tidak sama di antara kita yang menyebabkan kita di titik ini," tambahannya.

Titi dan Aksan menikah pada 15 Agustus 2004. Rencananya, sidang cerai perdana mereka akan digelar pada hari Valentine, Kamis, 14 Februari 2013.

E. Case Analysis

In a letter an nisa’ paragraph 130 may be taken that lesson No stalemate in the life of a Muslim. When forgiveness, peace and piety are not able to maintain family unity, Islam gives the final settlement of the divorce. Not all divorces are bad. How many husbands going to kill his wife and vice versa because each one is not able to live together.
As was the case in households with Wong Aksan Sjuman Titi, they were not able to save more of their household that they build for nearly 8 years. They choose the path of divorce because they have different principle, they do not blame what is wrong and what is right so they decided to live his life alone. As we know that the bonds of love according to Stenberg should be based on three main forms, namely passion, intimacy and commitment. The three main forms must have a good correlation in the relationship because if there is only passion, without the intimacy and commitment, then there is only passion. Conversely, if the relationship has the intimacy and commitment, but little passion or no, then there is love that is affection or camaraderie. So the most powerful type of love is called the "Consummate love" (perfect love) only if all three support each other and have the same portion in establishing the meaning of true love to your partner.
However, to establish and maintain it is not easy in the marriage bond. That is why Islam provides opportunities for divorce to the husband and wife who are no longer able to sustain their domestic life with some reservations. And must remain asked you for guidance and hope to God Almighty. By way of reshaping the new family, either by getting married again, or re-refer to the former wife. God's grace is not limited to the past life.



F. References
Desmita. 2010. Psikologi Perkembangan. Bandung. PT Remaja Rosda Karya.
Goode. J., William. 2004. Sosiologi keluarga, (di-Indonesiakan oleh Lailahanoum
Hasyim). Jakarta: Bumi Aksara.
Ihromi, T. O. 2004. Bunga Rampai Sosiologi Keluarga. Jakarta: Yayasan Obor.
Santrock, John W. 2002. Life-Span Development Perkembangan Masa Hidup. Jakarta: PT gelora Aksara Pratama .
Soemiyati. 1982.  Hukum Perkawinan Islam dan UUP (Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan). Yogyakarta: Liberty.





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