Construction of Proof in Divorce Cases Involving Adultery Allegations: An Analysis of Two Religious Court Decisions from the Perspective of Maqāṣid al-Syarī‘ah

Abstract

This study examines the evidentiary construction of relationships with third parties in divorce proceedings and their relevance to establishing continuous disputes and quarrels as grounds for divorce. It also analyzes the judges’ considerations in granting divorce from the perspective of maqāṣid al-sharī‘ah. This research employs normative legal research using statutory, conceptual, and case approaches. The data were collected through library research by examining relevant legislation, Islamic jurisprudence literature, and two court decisions: Decision No. 3997/Pdt.G/2019/PA.Kab.Mlg of the Malang Regency Religious Court and Decision No. 1072/Pdt.G/2024/PA.Mlg of the Malang Religious Court. The findings indicate that neither court established adultery as a legally proven fact. Instead, relationships with third parties were treated as factors contributing to marital disputes. The evidentiary process focused on demonstrating the breakdown of the marriage, as reflected in prolonged conflicts, separation, and unsuccessful reconciliation efforts. From the perspective of maqāṣid al-sharī‘ah, granting divorce may be understood as an effort to prevent continuing harm through the protection of life, the balancing of competing interests, and consideration of the consequences of legal decisions. This study clarifies the distinction between proving adultery and establishing marital breakdown in divorce proceedings.