RELEVANSI SAKSI NON MUSLIM DALAM SIDANG PERCERAIAN DI PENGADILAN AGAMA PERSPEKTIF MADZHAB SYAFI’I

This study examines the position of non Muslims as witnesses in the Religious Courts perspective of the Shafi'i School of Religion. Civil procedural law in Indonesia does not recognize the absolute conditions for accepting witnesses in terms of religion. However, the Shafi'i school rejected non Muslims as witnesses to divorce in the Religious Court. So that there is an opposition between the Civil Procedure Code in Indonesia and the source of the Jurisprudence law school of Shafi'i. The legal research method that the researcher uses in this study is a normative juridical method. The researcher analyzed the fiqh theory of the Shafi'i School of Religion regarding the position of non Muslim witnesses as witnesses of divorce in the Religious Court and its relevance. The theoretical foundation used is the fiqh theory of the Shafi'i School of Religion regarding the absolute conditions of witnesses. In this theory, witnesses are divided based on witnessing events (tahamul) and conveying events in court (ada’). The results of the study are as follows; First, from the fiqh review of the Syafi'i non Muslim School of Religion, they did not have a strong position as witnesses in the Religious Courts. Based on the analysis of legal material conducted by the researcher, it was concluded that non-Muslims do not have a strong position and are absolutely rejected based on the Qur'an, surat al-Baqarah verse 282, surat at-Thalaq verse 2 and Nahl verse 75. Second, from In terms of the relevance of the fiqh theory of the Shafi'i School of Religion, it cannot be applied in the proof of divorce in the Religious Court