El-Faqih : Jurnal Pemikiran dan Hukum Islam
Vol. 10 No. 1 (2024): EL FAQIH

Kekerasan Dalam Rumah Tangga Sebagai Alasan Perceraiaan (Analisis Putusan Nomor 737/Pdt.G/2021/PA.TPI Perspektif Saddu Adz-Dzari’ah)

Rizki Amar (Unknown)
Isyaq Maulidan (Unknown)
M. Rafli Kurniawan (Unknown)



Article Info

Publish Date
25 Apr 2024

Abstract

This paper aims to examine the decision of the Religious Court No. 737/Pdt.G/2021/Pa.Tpi regarding the case of divorce due to domestic violence from the perspective of saddu adz-dzari'ah. This paper focuses on the reasoning of the panel of judges who directed their consideration to article 19 letter (f) of PP No. 9 of 1975 'jo article 116 (f) KHI and saw the relevance of the decision to the saddu adz-dzari'ah theory. This research uses a juridical-empirical approach and makes saddu adz-dzari'ah as an analytical. From this study, it is known that the panel of judges interpreted the act of domestic violence as a result of disputes and quarrels, therefore the Panel of Judges in its legal considerations applied Article 19 letter (f) PP No. 9 of 1975 jo. Article 116 letter (f) KHI. The granting of the divorce suit follows the theory of saddu adz-dzari'ah where marriage which should be a wasilah to happiness, the benefit of husband and wife does not materialise. On the contrary, the marriage becomes a wasilah to kemafsadatan (disputes and quarrels) and prohibited behaviour (domestic violence).

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Journal Info

Abbrev

faqih

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest ...