Qanuni : Jurnal of Indonesian Islamic Family Law
Vol 2 No 02 (2024): 2024

DISFUNGSI SEKSUAL SEBAGAI ALASAN PERCERAIAN ( STUDI PUTUSAN No.269 / PDT.G /2022 /PA. PAMEKASAN )

Susantin, Jamiliya (Unknown)
Amin, Masbahul (Unknown)



Article Info

Publish Date
30 Sep 2024

Abstract

This research analyzes the legal considerations of Pamekasan Religious Court judges in granting divorce due to sexual dysfunction, in terms of Islamic law and positive law. The approach used is normative qualitative with primary data in the form of decision no. 269/Pdt.G/2022/PA.Pamekasan and related regulations, and secondary data from literature and documents. The results of the research show that the divorce suit was granted because of a physical disability that hindered the purpose of marriage. In Islamic law, the wife has the right to demand a fasakh divorce with proof and a suspension period. In positive law, Article 75 of Law no. 7 of 1989 regulates the defendant's medical examination, but its nature is not absolute. The judge based the decision on disputes and quarrels as stated in Article 19 letter (f) PP No. 9 of 1975 because the defendant was not present and the evidence of physical disability was inadequate.

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Journal Info

Abbrev

qanuni

Publisher

Subject

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

Description

The Qanuni : Journal of Indonesian Islamic Family Law is published twice a year, namely in Maret and September, as a gift from the UIM Pamekasan Islamic Family Law Study Program to invite the participation of all scientists, professors, lecturers, and legal researchers to disseminate knowledge so ...