SALWAH (NIM: 22070006). THE OBLIGATION OF DIVORCE AT THE
PANYABUNGAN RELIGIOUS COURT FROM THE PERSPECTIVE OF
MAQASID SHARIA (A CASE STUDY ON THE COMMUNITY OF WEST
PANYABUNGAN DISTRICT). Undergraduate Thesis, Islamic Family Law
Department, State Islamic College (STAIN) of Mandailing Natal, 2026. This
research is motivated by the disparity between positive law provisions requiring
divorce to be conducted before the Religious Court and the social reality within
the community. A portion of the community in West Panyabungan District still
considers verbal/informal divorce or family agreements sufficient without going
through formal legal mechanisms. This study aims to: (1) analyze the
understanding and practice of the West Panyabungan District community
regarding the obligation of divorce through the Panyabungan Religious Court,
and (2) analyze the obligation of divorce through the Panyabungan Religious
Court from the perspective of Maqashid Sharia. This is an empirical qualitative
research (field research) employing a socio-legal approach. Data collection was
conducted through observation, semi-structured interviews with judges of the
Panyabungan Religious Court, religious figures, and individuals/parties involved
in divorce petitions, as well as documentation studies of court rulings and
relevant regulations. Data validity was ensured using source and technique
triangulation, while data analysis followed data reduction, data display, and
conclusion drawing/verification. The results of the study show that: First, the
understanding and practice of the West Panyabungan District community
regarding the necessity of divorce in the Religious Court remain varied. While
some community members understand the importance of formal legal certainty
and holding an official divorce certificate, others are still dominated by
traditional fiqh understandings that view verbal pronouncement of divorce (talaq)
or factual separation as legally sufficient. Furthermore, perceptions regarding
complex procedures, financial constraints, and the strong tradition of family-
based conflict resolution contribute to the ongoing practice of out-of-court
divorces. Second, from the perspective of Maqashid Sharia, the requirement for
divorce through the Religious Court constitutes jalb al-maslahah (bringing
benefit) and daf'u al-mafsadah (preventing harm). The Religious Court serves as
a protective instrument for lineage (hifz al-nasl), wealth (hifz al-mal), and honor
(hifz al-'irdh) by ensuring legal status, regulating child custody, determining
maintenance (iddah/mut'ah), and dividing joint property to protect vulnerable
parties (wives and children) from being disadvantaged.
Keywords: Divorce, Panyabungan Religious Court, Maqashid Sharia, West