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Physical Handicap as a Reason for Divorce: Case Study at the Sharia Court, Banda Aceh, Indonesia

El-Usrah: Jurnal Hukum Keluarga · Vol. 6 No. 2 (2023) · pp. 318–334

DOI
10.22373/ujhk.v6i2.7836
ISSN
2620-8083, 2620-8075
Published
2023-12-30
Publisher
Universitas Islam Negeri Ar-Raniry Banda Aceh
Language
eng

Abstract

In the city of Banda Aceh, Indonesia, divorce is permissible in some circumstances including physical infirmities, such as when a husband experiences an erectile dysfunction. Under the Islamic law, divorce is permissible and the woman has the right to initiate divorce proceedings and pursue legal action. This study aims to examine the perspectives of judges at the Banda Aceh Syari'iyah Court regarding divorce cases involving individuals with physical disabilities. This study scrutinizes the practical legal methods employed by analyzing them from the perspective of the Islamic family law principles. This article analyzes the practical legal methods employed by studying the perspectives of the Islamic family law. Conversely, the process of collecting data entails scrutinizing documents, such as legal judgments, pertinent literature, and scholarly papers. According to Hanafi and Malikischolars, divorce due to physical inability is classified as talak ba'in, as determined by this study. Conversely, the Shafi'i and Hanbali schools are seen solely as a means to breach the sacrificial pact (fasakh). If this divorce is determined to be valid, the husband will have two opportunities to legally execute the divorce in order to remarry this woman. According to this, the Banda Aceh Sharia Court concluded that a husband's inability to perform sexually might be considered a valid reason for his inability to fulfill his responsibilities. Testimony from witnesses confirmed this, providing evidence that the legal proceedings adhered to Islamic law. Consequently, this study concludes that divorce occurs when a husband's physical impairment hinders his ability to fulfill his obligations, leading to the breakdown of the marriage. However, the Sharia Court provides a remedy (dispensation) to address the medical condition (impotence) so that the judges might take it into account when seeking reconciliation between the two parties, if the condition is resolved.

Keywords

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24 authors · 44 co-authorship links

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Co-authorOrganisationJoint articles
Rispalman RispalmanAffiliation unknown2
Aulia RahmaAffiliation unknown1
Muhammad SiddiqAffiliation unknown1
Muhammad ZulhilmiAffiliation unknown1
Kamaruzzaman Bustamam AhmadAffiliation unknown1
Shinta NabillaAffiliation unknown1
Musliadi MusliadiAffiliation unknown1
Rusjdi Ali MuhammadAffiliation unknown1
Abdul Jalil SalamAffiliation unknown1
Hasnul Arifin MelayuAffiliation unknown1
MD Zawawi Abu BakarAffiliation unknown1
Zahratul IdamiAffiliation unknown1
Faisal A.RaniAffiliation unknown1
Yanis RinaldiAffiliation unknown1
Taufiq HidayatAffiliation unknown1
Ahyar GayoAffiliation unknown1
Syprianus AristeusAffiliation unknown1
Evi DjuniartiAffiliation unknown1
Ellen Lutya Putri NungrahaniAffiliation unknown1
Zahlul Pasha KarimAffiliation unknown1
Khairil AkbarAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://jurnal.ar-raniry.ac.id/index.php/usrah/oai, first harvested 7 Nov 2026, last seen 7 Nov 2026.
Original metadata (oai_dc)
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	<dc:title xml:lang="en">Physical Handicap as a Reason for Divorce: Case Study at the Sharia Court, Banda Aceh, Indonesia</dc:title>
	<dc:creator xml:lang="en">Makinara, Ihdi Karim</dc:creator>
	<dc:creator xml:lang="en">Ungel, Jamhuri</dc:creator>
	<dc:creator xml:lang="en">Arrazi, Fitrah</dc:creator>
	<dc:subject xml:lang="en">Divorce</dc:subject>
	<dc:subject xml:lang="en">Physical Disability</dc:subject>
	<dc:subject xml:lang="en">Islamic Family Law</dc:subject>
	<dc:description xml:lang="en">In the city of Banda Aceh, Indonesia, divorce is permissible in some circumstances including physical infirmities, such as when a husband experiences an erectile dysfunction. Under the Islamic law, divorce is permissible and the woman has the right to initiate divorce proceedings and pursue legal action. This study aims to examine the perspectives of judges at the Banda Aceh Syari'iyah Court regarding divorce cases involving individuals with physical disabilities. This study scrutinizes the practical legal methods employed by analyzing them from the perspective of the Islamic family law principles. This article analyzes the practical legal methods employed by studying the perspectives of the Islamic family law. Conversely, the process of collecting data entails scrutinizing documents, such as legal judgments, pertinent literature, and scholarly papers. According to Hanafi and Malikischolars, divorce due to physical inability is classified as talak ba'in, as determined by this study. Conversely, the Shafi'i and Hanbali schools are seen solely as a means to breach the sacrificial pact (fasakh). If this divorce is determined to be valid, the husband will have two opportunities to legally execute the divorce in order to remarry this woman. According to this, the Banda Aceh Sharia Court concluded that a husband's inability to perform sexually might be considered a valid reason for his inability to fulfill his responsibilities. Testimony from witnesses confirmed this, providing evidence that the legal proceedings adhered to Islamic law. Consequently, this study concludes that divorce occurs when a husband's physical impairment hinders his ability to fulfill his obligations, leading to the breakdown of the marriage. However, the Sharia Court provides a remedy (dispensation) to address the medical condition (impotence) so that the judges might take it into account when seeking reconciliation between the two parties, if the condition is resolved.</dc:description>
	<dc:publisher xml:lang="en">Universitas Islam Negeri Ar-Raniry Banda Aceh</dc:publisher>
	<dc:date>2023-12-30</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:type xml:lang="en">Peer-reviewed Article</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/7836</dc:identifier>
	<dc:identifier>10.22373/ujhk.v6i2.7836</dc:identifier>
	<dc:source xml:lang="en">El-Usrah: Jurnal Hukum Keluarga; Vol. 6 No. 2 (2023): El-Usrah: Jurnal Hukum Keluarga; 318-334</dc:source>
	<dc:source>2620-8083</dc:source>
	<dc:source>2620-8075</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/7836/8975</dc:relation>
	<dc:rights xml:lang="en">Copyright (c) 2023 Ihdi Karim Makinara, Jamhuri Ungel, Fitrah Arrazi</dc:rights>
</oai_dc:dc>