Ṭalāq In A State of Anger

Comparative Study of Yusuf Qardhawi And Wahbah Az-Zuhaili

Abstract

This research is motivated by the high divorce rate in Indonesia from 2020-2023 which is largely caused by disputes and quarrels. The disputes and quarrels occur because of the angry condition of each individual, therefore, this problem is certainly very important to study. This research will focus on how ṭalāq is in a state of anger according to Yusuf Qardhawi and Wahbah Az-Zuhaili. In this matter, the two scholars have different opinions regarding the law of ṭalāq in a state of anger. These differences are certainly based on legal foundations, the method of legal istinbat and other reasons. These differences in opinion are also the background for this research. This study aims to find out the validity of ṭalāq pronounced in a state of anger and how the method of determination the law of ṭalāq pronounced in a state of anger according to Yusuf Qardhawi and Wahbah Az-Zuhaili. This research method uses library research by collecting data that refers to the books of Yusuf Qardhawi and Wahbah Az-Zuhaili. The approach used is descriptive-analytical-comparative. This method is used to describe the views of the two scholars, analyze the basis of their legal deduction, and compare the results. The results show that ṭalāq in a state of anger according to Yusuf Qardhawi is divided into three levels. First, ordinary anger falls into ṭalāq with a note that it has gone through a settlement stage in household problems. Second, moderate anger does not fall into ṭalāq. Third, peak anger does not fall into ṭalāq. The method of determining the law used by Yusuf Qardhawi is to use Intiqa'i Ijtihad. Meanwhile, according to Wahbah Az-Zuhaili, ṭalāq in a state of anger does not fall unless the anger reaches a peak level. The method of determining the law used by Wahbah az-Zuhaili is as-Sunnah.