SHAKHSIYAH BURHANIYAH : Jurnal Penelitian Hukum Islam
Vol 7 No 1 (2022): Shakhsiyah Burhaniyah: Jurnal Penelitian Hukum Islam

HAK EX OFFICIO HAKIM DALAM KASUS CERAI

Fathurrohmah Fathurrohmah (PPs Unhasy, Jombang, Indonesia)
Sadari sadari (Institut Pembina Rohani Islam Jakarta (IPRIJA) Ciracas-Jakarta Timur, Indonesia.)



Article Info

Publish Date
31 Jan 2022

Abstract

This article is the result of library research. This research is included in normative legal research. This research discussion aims to explain the basis of Islamic law on the judge’s ex officio authority of Nganjuk Religioun Court judges in judgement talak-divorce cases, number: 2033/Pdt.G/2017/PA.Ngj. Researcher analysis data by maqāsid sharī'ah theory. The findings of this study are that the use of ex efficio rights of the Nganjuk Religioun Court which does not follow civil procedural law has a strong Islamic legal basis. This argument is based on the maqāsid sharī'ah shāṭibi theory. The benefits that are guarded by the judge are in accordance with the al Dharūriyyāt category, especially hifz al nafs, namely the maintenance of the soul. The benefit of Dharāriyyāt is shown through the first data that the wife is proven not to be given her rights by her husband before the divorce is decided, so the judge considers ex officio authority; second, maintaining the rights of the ex-wife after the divorce even though the wife (the respondent) did not file a reconvention in the trial. Keywords: judge’s ex officio authority, divorce-talak, sharia purpose.

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Journal Info

Abbrev

ShakhsiyahBurhaniyah

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focus and Scope Shakhsiyah Burhaniyah Jurnal Penelitian Hukum Islam welcome papers from academicians on theories, philosophy, conceptual paradigms, academic research, as well as religion practices. In particular, papers which consider the following general topics are invited. Marriage Inheritance ...