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All Journal ISNU Nine-Star Multidisciplinary Journal (INS9MJ) Jurnal Cendikia ISNU SU
Hasan Munthe
Universitas Islam Negeri Sumatera Utara
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Division of Criminal Law Hasan Munthe
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 2 (2024): SEPTEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i2.115

Abstract

The division of conventional law, criminal law, is included in the field of public law. This means that criminal law regulates the relationship between citizens and the state and focuses on the general interest or public interest. Historically, the legal relationships that existed were initially private relationships, but over time there were things that were taken over by the state and made into public interests. Criminal law is a law that has special characteristics, namely in terms of sanctions. Every time we encounter the law, our thoughts turn towards something that binds a person's behavior in society. It contains provisions about what should be done and what should not be done, as well as the consequences.
Implementation of Divorce Lawsuit in Religious Court Reviewed from Madhhab Shafi'i (Study of the Decision of the Binjai Religious Court No. 258/Pdt.G/2016/P.A.Bji.) Hasan Munthe; Azzahrawani Syakira
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.955

Abstract

Khulu' is a way out provided by religion for women to break free from the bonds of marriage in exchange for the payment of ransom to their husbands. In fiqh literature, divorce lawsuits without iwadh are not known, while in laws and regulations there is the concept of a divorce lawsuit without ransom. This research is a juridical normative research. The results of this study show that there is a difference in the concept of divorce lawsuits between the Shafi'i school and the Binjai Religious Court Decision due to a difference in concept. In the Shafi'i mazahb it is stipulated that Talak is the absolute right of the husband and if the Talak is requested (sued) by the wife, then the wife is obliged to pay the ransom (iwadh) to the husband. Meanwhile, in the applicable laws and regulations in Indonesia, wives are given the right to divorce their husbands without having to provide iwadh.    
Co-Authors Azzahrawani Syakira