Mukalla – University Media

The Faculty of Graduate Studies at Al-Ahgaff University in Mukalla has awarded Indonesian researcher Sharifah Fatimah Al-Zahra Al-Aidroos a Master’s degree in Fiqh and Usul al-Fiqh for her thesis entitled “The Wife’s Filing of a Divorce Petition: A Comparative Study of Islamic Jurisprudence and Indonesian Personal Status Law.”

The thesis defense and examination committee, which was conducted via videoconferencing, consisted of:

• Dr. Uming Ratna Wijaya – Academic Supervisor.
• Dr. Asfiya Rahman Faisal – Internal Examiner.
• Dr. Mohammed Hamid Bahameesh – External Examiner.

The study examined the rulings on divorce and wives’ petitions for divorce under Islamic jurisprudence and Indonesian law. It explored areas of agreement and disagreement between classical jurisprudential doctrines of the four Islamic schools of thought and the statutory laws applied in Indonesian religious courts, particularly the Marriage Law and the Compilation of Islamic Law (KHI). The researcher adopted an inductive, analytical, and comparative approach to examining and evaluating relevant jurisprudential texts and legal provisions.

The study reached several findings, most notably the existence of a procedural and legal gap between customary verbal divorce outside the courts and formal divorce in Indonesia, where divorce is not legally recognized and does not produce its legal effects unless established by a court ruling. It also found that Indonesian legislation provides broader grounds for wives to seek judicial divorce in order to protect them from harm, while the Compilation of Islamic Law adopts an approach of talfiq (combining opinions from different schools of Islamic jurisprudence) and incorporates local customs in a manner that serves the interests of the family.

The study recommended making judicial documentation of divorce and reconciliation cases (ruju‘) mandatory to safeguard the rights of wives and children. It also called for continued development of Indonesian legal provisions to address contemporary developments while preserving the objectives of Sharia, alongside intensified efforts to raise legal and Sharia awareness among those preparing for marriage.

At the conclusion of the defense, the examination committee commended the researcher for her efforts throughout the preparation of the thesis, which culminated in a successful defense.