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All Journal al-Afkar, Journal For Islamic Studies Al-Arfa: Journal of Sharia, Islamic Economics and Law
Mochamad Nurdin
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Husband's Legal Responsibility for the Rights of His Wife and Children Post-Divorce Mochamad Nurdin; Ahmad Zaini Muhlis; Euis Nurasiah Jamil
al-Afkar, Journal For Islamic Studies Vol. 7 No. 2 (2024)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v7i2.1238

Abstract

When a divorce occurs between a husband and wife, it creates obligations that must be obeyed by a husband and wife, and these obligations include the former husband being obliged to provide a gift that must be given to the former wife who has been divorced. This article aims to examine the husband's responsibilities towards his wife and children after divorce. The existence of divorce does not mean the release of the husband's responsibility to provide responsibilities to the ex-wife, be it iddah maintenance, mut'ah, and child maintenance, provided that it is in accordance with the husband's ability. This research is a type of empirical juridical research, or called field research, which examines the applicable legal provisions and what happens in reality in society. This research is a type of empirical juridical research, or called field research, which examines the applicable legal provisions and what happens in reality in society. Empirical juridical research is legal research on the enactment or implementation of normative legal provisions in action on each specific legal event that occurs in society. The results of this study indicate that the husband is responsible for the former wife and children after divorce in the Religious Court, that the former wife must receive maintenance in the form of mut'ah, iddah maintenance, madhiyah maintenance, and for children's rights or child maintenance. The husband is obliged to provide maintenance to the child in the future, and the prosecution system is every month until the child is 21 years old or has grown up. This policy is carried out to provide justice for wives who are divorced by their husbands.
Legal Analysis of Taklik Talak in Indonesian Marriage Law and Compilation of Islamic Law Irfan abdurahman; Mochamad Nurdin; Galuh Cahya Noer
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 2 No. 2 (2024): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v2i2.52

Abstract

Taklik talak is an agreement between a husband and wife aimed at protecting the wife from the arbitrary actions of the husband. The recitation of the taklik is done by the husband after the marriage contract (ijab kabul) is performed. In practice, the recitation of the taklik talak is seen as obligatory, as it is almost always carried out in every marriage ceremony. However, according to Article 46 of the Compilation of Islamic Law, taklik talak is not mandatory.The issues arising from this background include:a) The position of taklik talak in Indonesian marriage law and the Compilation of Islamic Law.b) How taklik talak is implemented in society.The approach used to address these issues is a juridical-sociological method, which links events in the field with legal aspects or applicable laws. Taklik talak has existed in Indonesia since the reign of Sultan Agung Hanyakrakusuma, the king of Mataram (1554 Java/1630 AD), with the purpose of protecting wives who are abandoned by their husbands due to state duties.The law states that taklik talak is not mandatory. It is recited only if both spouses agree to it. However, once recited, taklik talak cannot be revoked. Many people perceive taklik talak as a necessary part of the marriage process, as it is customary for it to be recited in every marriage.In society, divorces often occur due to violations of taklik talak. To prove that taklik talak has been violated, judges consider evidence such as letters and witnesses, especially from family members or close acquaintances. The consequences of divorce due to the violation of taklik talak include issuing a talak satu or talak khuli against the wife, and the wife may be subjected to an iwadh penalty of Rp. 10,000.00.
Co-Authors Ahmad Zaini Muhlis Euis Nurasiah Jamil Galuh Cahya Noer Irfan Abdurahman