Nama : Siti
Maryam
NIM : 11410061
Class : psychology “B”
Task of Middle Test (English studies)
Divorce
وَإِذَا طَلَّقْتُمُ النِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ
فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْسَرِّحُوهُنَّ بِمَعْرُوفٍ وَلاَ تُمْسِكُوهُنَّ
ضِرَارًا لِّتَعْتَدُوا وَمَن يَفْعَلْ ذَلِكَ فَقَدْ ظَلَمَ نَفْسَهُ وَلاَ
تَتَّخِذُوا ءَايَاتِ اللهِ هُزُوًا وَاذْكُرُوا نِعْمَتَ اللهِ عَلَيْكُمْ
وَمَآأَنزَلَ عَلَيْكُم مِّنَ الْكِتَابِ وَالْحِكْمَةِ يَعِظُكُم بِهِ وَاتَّقُوا
اللهَ وَاعْلَمُوا أَنَّ اللهَ بِكُلِّ شَيْءٍ عَلِيمُُ {231}
When you divorce women, and they fulfil
the term of their ('Iddat), either take them back on equitable terms or set
them free on equitable terms; but do not take them back to injure them, (or) to
take undue advantage; if any one does that; He wrongs his own soul. Do not
treat Allah's Signs as a jest, but solemnly rehearse Allah's favours on you,
and the fact that He sent down to you the Book and Wisdom, for your
instruction. And fear Allah, and know that Allah is well acquainted with all
things. (QS.Al-Baqarah :231)
Definision of divorce, divorce is a between a husband and wife living as a result of their failure to carry out the role of each bond. In this case divorce is seen as the end of a marriage instability where spouses live apart and then officially recognized by the applicable law (Erna, 1999).
Talak is an Arabic word meaning "to release" or "to divorce". Under the Muslim law,
talak means "to untie the matrimonial knot by
articulating a word denoting divorce."
If a husband utters the word on
his wife, the two of them would automatically be divorced and the wife would be
in a state of iddah. If, during iddah, the parties wish to reconcile, the
divorce may be revoked without their having to go through the process of nikah.
rds, the
husband utters the talak on his wife clearly or distinctly; there is no
ambiguity in meaning.
Examples of
Syarih pronouncement of talak:
- I divorce you with one talak.
- I am letting you have the talak.
- With effect from today, you are divorced.
Such
unequivocal or Syarih utterance of the talak by the husband would, without
exception, effect a divorce between him and his wife albeit there is neither
intention on his part to divorce his wife nor a witness to the occasion.
Kinayah
means indirect, or the word or words uttered can be interpreted in more ways
than one.
Examples of
Kinayah pronouncement of talak:
- I do not want you anymore. You may go back to your parents' house.
- Get out of here. Go anywhere you like.
- We are through. There's nothing
between us anymore.
Such utterances are classified under Kinayah. If the husband has no intention to divorce his wife, no divorce will take place despite the utterance. However, if the husband has the intention to divorce his wife when he utters these words, then a divorce does occur.
Parties who
are not sure whether a divorce between them has taken place as a result of
words uttered by the husband should contact the Syariah Court for
clarification. Similarly, couples who wish to have their divorce revoked must
report to the Syariah Court for advice.
Types of
Talak
There are
six classifications of talak, namely:
- Talak Raj'ie
- Talak Battah
- Talak Bain
- Three divorces pronounced on one occasion
- Talak Sunni
- Talak Bid'i
1. Talak Raj'ie
Talak Raj'ie
means a divorce that is revocable during iddah without the couple having to go
through the process of nikah. The talak that is uttered by the husband is
classified as raj'ie (revocable) only if it is the first or the second divorce.
2. Talak Battah
Talak Battah
is a permanent divorce pronounced by the husband on his wife. For instance, the
husband says:
"I
divorce you for good".
According to
the Shafi'e School of Law, a divorce in this instance takes place only on the
basis of the husband's niat or intention. If the husband's intention is to
divorce his wife by one talak, then the wife is accordingly divorced by one
talak. Likewise, if his intention is to divorce his wife by three talak, then
the wife is divorced by three talak.
3. Talak Bain
Talak Bain
falls under two categories:
- Talak Bain Kubra
- Talak Bain Sughra
Talak Bain
Kubra is a situation where a divorce has taken place on three occasions - in
other words, the husband has divorced his wife three times. The divorce is
irrevocable. The husband may re-marry his ex-wife only if, subsequent to the
third divorce, the ex-wife has married another man and the marriage has ended
in a divorce / in death.
Talak Bain
Sughra is a divorce that takes place less than three times but is irrevocable
even during iddah. A couple divorced under such a circumstance must go through
the process of nikah if they want to live as husband and wife again. Talak Bain
Sughra occurs in the following situations:
- Divorce decided by Hakam
- Khulu' (Divorce by Redemption)
- Decree of fasakh issued by a Judge.
4. Three
Divorces pronounced on one occasion
In the days
of the Holy Prophet (s.a.w.) and Abu Bakar (r.a.), three divorces pronounced on
one occasion were considered as one divorce. However, when Umar Ibnu Khattab
(r.a.) became Caliph, he ruled that all three divorces pronounced on one
occasion were effectively three divorces and were thus irrevocable. Sayyidina
Umar had come by this decision because members of the community during his time
had taken the utterance of talak lightly.
When such a
situation occurs, the Judge shall hear the case of the couple concerned and
make a ruling on the divorce.
5. Talak
Sunni
Talak Sunni
is a divorce in accordance with the tradition of the Prophet (s.a.w.) in that
the husband utters the talak on his wife in the presence of two witnesses at a
time when she is not menstruating and they have not had sexual intercourse
after her last menstruation.
6. Talak
Bid'i
Talak Bid'i
is a divorce uttered by the husband:
- at a time when the wife is having her menstruation;
- during the wife's postnatal period; or
- during the period when the wife is not menstruating but the husband has had sexual intercourse with her.
Theory Triangle of Love
Love triangle in question here is not that we often
hear; presence of a third party in a relationship. But the three components of
love (triangular theory of love) by Robert Sternberg. Sternberg explains that
there are three components of love, namely: intimacy (intimacy), passion
(passion) and commitment (commitment).
1. Intimacy - Which includes feelings
of attachment, closeness, connectedness,
etc..
2. Passion - That includes between romantic love and sexual attraction.
3. Commitment - That the decision to stay with friends for a long time.
2. Passion - That includes between romantic love and sexual attraction.
3. Commitment - That the decision to stay with friends for a long time.
Different combinations of these three components
result in different types of love. For example, the combination of intimacy and
commitment to compassionate love (compassionate love), while the combination of
passion and intimacy lead to passionate love (passionate love).
Sternberg introduced the term perfect love (Consummate love) to describe the combination of intimacy, passion and commitment. Relationships are built on two individuals would be perfect if it was based on a combination of all three. Even so, Sternberg doubt the existence of love is perfect in this world.
From the above theory states that perfect love is the love
of a combination of the three elements of intimacy, passion and comitment. if
the three elements that can not blend together well, there will be an imbalance
in the relationship. in domestic life divorce can happen because it is missing
one of these elements. so love is shaky and there is no continuity anymore.
I think love is about how to give and accept
it wholeheartedly. a family that is harmonious and loving
my family who can
give or receive
what is given by the other family members with open heart.
Example
of Divorce
VIVAlife - mentalist
divorce news Deddy Corbuzier with Kalina surprised many people. Moreover, they
were secretive, that they have been officially divorced since January 31, 2013.
Deddy often interview people about the divorce case a guest star in the show which dipandunya feel upset, if he continues to hide from the public divorce. To that end, he felt the need to announce to the community, that now, he and Kalina is no longer a married couple.
"Lately, many are wondering what our relationship. Rather than lie, I better tell," Deddy said during a press conference at the Studio hangar, Jewel, Jakarta.
Deddy and Kalina divorced in North Jakarta District Court. They do not fight over child custody matter. For business one, the two agreed to take care of together.
Deddy claimed, had felt like a hypocrite, while hiding all this time on the problem of cracks household with Kalina. And now, she is a good time to announce to the public that they have separated.
"I interviewed a lot of guest stars who also divorced, has a problem. Hypocrite if I was not telling the truth to my audience. Yaa it's a journey."
For him, no one is married, has the intention to divorce. Even so, both Kalina and Deddy silent, when asked, what is the cause of their divorce.
Deddy often interview people about the divorce case a guest star in the show which dipandunya feel upset, if he continues to hide from the public divorce. To that end, he felt the need to announce to the community, that now, he and Kalina is no longer a married couple.
"Lately, many are wondering what our relationship. Rather than lie, I better tell," Deddy said during a press conference at the Studio hangar, Jewel, Jakarta.
Deddy and Kalina divorced in North Jakarta District Court. They do not fight over child custody matter. For business one, the two agreed to take care of together.
Deddy claimed, had felt like a hypocrite, while hiding all this time on the problem of cracks household with Kalina. And now, she is a good time to announce to the public that they have separated.
"I interviewed a lot of guest stars who also divorced, has a problem. Hypocrite if I was not telling the truth to my audience. Yaa it's a journey."
For him, no one is married, has the intention to divorce. Even so, both Kalina and Deddy silent, when asked, what is the cause of their divorce.
Rujukan
Robert J. Sternberg,
“Triangulating Love”, in T. J. Oord ed. The Altruism Reader (2007)
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