TALAK THROUGH WRITING AND ITS RELEVANCE TODAY: A COMPARATIVE STUDY OF THE PERSPECTIVES OF IBN QUDAMAH AND IBN HAZM

Abstract

Divorce/Talaq is one of the legal instruments in Islam that is prescribed to resolve household conflicts that can no longer be reconciled. In modern times, especially in the digital era, the practice of divorce is not only carried out verbally but also through written media, such as letters, short messages and social media. This raises fiqh issues regarding the validity of divorce through writing. This research examines two different classical views, namely the opinions of Ibn Qudamah and Ibn Hazm, in understanding the law of talak through writing.The research method used is qualitative research with a descriptive analysis approach, namely analyzing in depth the validity of divorce conveyed by a husband to his wife in writing or indirectly. The data sources used are secondary data sources, namely the Book of al-Mughni by Imam Ibn Qudamah and the Book ofAl-MuhallaImam Ibn Hazm's writings and books and articles based on OJS (Open Journal System) about divorce. Data processing techniques are carried out by processing library materials (library research). The results of this studyIbn Qudamah allows and acknowledges the validity of divorce through writing if accompanied by a clear intention and explicit wording of the divorce, referring to general evidence and the practices of the companions, including the hadith of Bint Qais. Meanwhile, Ibn Hazm rejects the validity of divorce through writing on the grounds that a valid divorce must be conveyed directly by the husband to the wife without an intermediary, based on the zahiri approach to the text. This difference is rooted in the legal istinbath method used by both, where Ibn Qudamah is contextual, while Ibn Hazm is textual. This study shows that understanding divorce through writing has great relevance in today's social dynamics, especially in responding to the rise of digital divorce.