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Yainahu, Mirsa
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Religion Education Social Sciences Other

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Analisis Yuridis Terhadap Cacat Badan Sebagai Alasan Perceraian Dalam Perspektif Kompilasi Hukum Islam Yainahu, Mirsa
Jurnal Ilmiah Wahana Pendidikan Vol 11 No 3.A (2025): Jurnal Ilmiah Wahana Pendidikan 
Publisher : Peneliti.net

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Abstract This study aims to analyze body defects as a reason for divorce from the perspective of the Compilation of Islamic Law (KHI). The results of the study show that body defects are recognized as a valid reason for divorce, but their application in legal practice is influenced by the social context and morality of society. Religious court judges consider a variety of factors, including emotional and psychological impacts, when deciding divorce cases related to physical disabilities. The social implications of stigmatizing individuals with physical disabilities were also discussed, demonstrating the need to increase awareness and social support for couples with physical disabilities.
Analisis Perbandingan Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan dan Kompilasi Hukum Islam dalam Perspektif Cacat Badan sebagai Alasan Perceraian" Yainahu, Mirsa
Jurnal Ilmiah Wahana Pendidikan Vol 11 No 4.B (2025): Jurnal Ilmiah Wahana Pendidikan 
Publisher : Peneliti.net

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This study aims to analyze the regulation of physical disability as grounds for divorce in Law No. 1 of 1974 and the Compilation of Islamic Law (KHI), as well as the implications of these legal provisions on the protection of individual rights in the divorce process. The research findings indicate that although both regulations recognize physical disability as a legitimate reason for divorce, there are differences in the approach to regulating and protecting the rights of the parties involved. Law No. 1 of 1974 focuses more on formal legal procedures and proof of divorce grounds, while KHI gives more attention to the protection of women's and children's rights, such as iddah maintenance, mut’ah, and child custody. The implications of these regulations highlight the need for harmonization between positive law and Islamic law to ensure justice and protection of the rights of spouses in divorce. The recommendations include strengthening proof standards, protecting women's and children's rights, and integrating moral and social values into divorce-related legal provisions.
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