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najichah, najichah najichah
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Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Journal of Islamic Studies and Humanities

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IMPLIKASI INISIATIF PERCERAIAN TERHADAP HAK NAFKAH ISTRI najichah, najichah najichah; Azizi, Alfian Qodri
Journal of Islamic Studies and Humanities Vol 5, No 1 (2020): Journal of Islamic Studies and Humanities
Publisher : UIN Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (705.795 KB) | DOI: 10.21580/jish.v5i1.6960

Abstract

AbstractDivorce is the case most frequently submitted to the Religious Courts in Indonesia. This paper discusses how the divorce initiative has implications for the wife's right to post-divorce income. There are differences regarding the wife's right to post-divorce income based on who took the initiative to file for the divorce. In a divorce on the husband's initiative, based on the Compilation of Islamic Law, the husband is obliged to provide the wife's rights in the form of post-divorce income. Whereas for the divorce initiative originating from the wife, there is no obligation for the husband to give the wife the right to post-divorce income. Legal progressiveness emerges and provides new hope in reforming Islamic family law in Indonesia by punishing husbands to pay for their wives' rights to post-divorce income in divorce cases on the wife's initiative, namely; Jurisprudence of the Supreme Court of the Republic of Indonesia number 137/K/AG/2007, Book II of Guidelines for the Implementation of Duties and Administration of the Religious Courts, Supreme Court Regulation Number 3 of 2017, Circular of the Supreme Court Number 2 of 2019 which are in accordance with the principles of benefit, certainty and legal justice.
Co-Authors Azizi, Alfian Qodri