Comparative Study of Divorce Out of Court Between the Fatwa of the Indonesian Ulema Council and the Compilation of Islamic Law

How is the comparative analysis of divorce outside the Court between the Fatwa of the Indonesian Ulema Council and the Compilation of Islamic Law? 2) What is the solution to differences in divorce law outside the court between the fatwas of the Indonesian Ulema Council and the Islamic Law Compilation? The purpose of this study is to find out a comparative analysis of divorce outside the court between the Fatwa of the Indonesian Ulema Council and the Compilation of Islamic Law and find out the solutions to the two differences of opinion regarding the validity of divorce outside the court. These two problems are discussed by using a type of normative legal research with literature studies. The approaches used in this study are a comparative approach, a case approach, a statutory approach, and an analytical approach. The results of this study are: 1) According to the Fatwa Ijtima 'Ulama of the Indonesian Ulema Council IV of 2012 it is explained that divorces carried out by husbands outside the court are legal. Meanwhile, according to the KHI and the marriage law in Indonesia, divorce must be carried out through a trial in a religious court, meaning that divorces made by husbands outside the court are not legally recognized as marriage in Indonesia. 2) The solution to the two differences of opinion is that people prefer to carry out divorces in religious courts which have been regulated by the KHI and marriage law in Indonesia