Jurnal Hadratul Madaniyah
Vol. 13 No. 1 (2026): Jurnal Hadratul Madaniyah

Judge's Ijtihad Discourse In Deciding Cases Divorce Suit Of Pregnant Wives In Indonesia

Sakti, Indra (Unknown)
Ichsan, Muhammad (Unknown)



Article Info

Publish Date
26 Feb 2026

Abstract

This research focuses on how judges use ijtihad in deciding divorce cases filed by wives in pregnant conditions. By using normative juridical methods and statutory, concept, and case study approaches, this research examines positive legal provisions, expert views, and related court decisions. The research results show that pregnancy cannot be used as a basis for rejecting a divorce suit. The judges use ijtihad to interpret legal rules, assess aspects of benefit, and provide protection for women in accordance with the principles of maqāṣid al-sharī'ah and the provisions in Supreme Court Regulation Number 3 of 2017. From the analysis, two patterns of judge's decisions were found: postponing the divorce until the wife gives birth or immediately granting the divorce if the continuation of the marriage is considered to endanger the wife or fetus. Thus, the judge's ijtihad becomes an important instrument in realizing more substantial justice and ensuring protection for pregnant women in divorce cases.  

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Journal Info

Abbrev

jhm

Publisher

Subject

Religion Humanities Education

Description

The publication of Jurnal Hadratul Madaniyah certainly participates in disseminating the results of research and review of science and technology development conducted by lecturers and researchers especially from UM Palangkaraya and other universities. This edition contains 6 articles consisting of ...