USRATUNA: Jurnal Hukum Keluarga Islam
Vol. 8 No. 1 (2024): USRATUNA: Jurnal Hukum Keluarga Islam

ANALISIS SURAT EDARAN MAHKAMAH AGUNG NO. 3 TAHUN 2018 TENTANG HAK NAFKAH IDDAH BAGI ISTRI CERAI GUGAT

Muniarti, Dewi (Unknown)
Maryam Qurotul Aini, Siti (Unknown)



Article Info

Publish Date
27 Dec 2024

Abstract

Marriage is a crucial social institution that serves religious, social, and legal purposes. In Islam, marriage is considered a sacred bond, governed by strict principles that ensure the rights and responsibilities of both husband and wife. Divorce, as a legal and religious concept, is permissible in Islam under specific conditions to prevent harm and injustice in marital relationships. This study focuses on the concept of khulu’, a form of divorce initiated by the wife with compensation provided to the husband, and its application in Islamic law and Indonesian legal frameworks. The research employs a qualitative normative approach, analyzing laws and regulations, religious doctrines, and scholarly interpretations related to marriage, divorce, and khulu’. Primary sources include Indonesian legislation such as Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI), and Supreme Court Regulation (PMA) No. 3 of 2017. Secondary sources consist of books, journal articles, and scholarly works on family law in Islam. Findings reveal that Islamic law provides structured mechanisms for divorce, including khulu’ and fasakh, to ensure justice and protect the welfare of both parties. Indonesian law complements these provisions by regulating post-divorce rights, such as nafkah iddah (maintenance during the waiting period) and mut'ah (consolatory gift). However, challenges persist in the practical implementation of these rights due to limited public awareness, societal stigma against women who initiate divorce, and weak enforcement of court rulings. This study underscores the importance of integrating Islamic principles and modern legal frameworks to uphold justice and equality in marital and post-marital relationships. It highlights the need for greater public education and legal reform to address existing gaps in the protection of women's rights in divorce cases.

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Journal Info

Abbrev

usrotuna

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRATUNA: Journal of Islamic Family Law, published by the Ahwal al-Syakhsiyah Study Program, Department of Sharia, STAI Darussalam Nganjuk since 2018. Using a fair and consistent double-blind peer-review procedure, Usratuna continues to publish research and studies related to Islamic Family Law by ...