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PERBANDINGAN KONSEP RUJUK BAGI WANITA YANG DITALAK RAJ’I PERSPEKTIF IMAM MAZHAB DENGAN HUKUM POSITIF INDONESIA

Wahyudi, Lutfiyan (2018) PERBANDINGAN KONSEP RUJUK BAGI WANITA YANG DITALAK RAJ’I PERSPEKTIF IMAM MAZHAB DENGAN HUKUM POSITIF INDONESIA. Bachelors Degree (S1) thesis, University of Muhammadiyah Malang.

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Abstract

This study examines the reconciliation concept for women who are divorced raj’i by the Imam Mazhab perspective with Indonesian Positive Law. Indonesia itself is a state of law where one of the laws that governing to marriage issues contained in the Islamic Law Compilation or commonly known as ILC. But there is no denying that there is a cross opinion between the Imam Mazhab and the Imam Mazhab and ILC with the Imam Mazhab. One of the factors is because of the freedom of Indonesian Moslems to follow which mazhab. The formulation of the problem in this research is twofold, namely: How is the process of implementing the reconciliation in the iddah period of divorced raj'i and the comparison of reconciliaton concept by the Imam Mazhab and Indonesian positive law perspectives. The approaching method that researcher used is Normative Law, namely reviewing the implementation or the positive legal provisions implementation and factual contracts on every particular legal event in the community in order to achieve a predetermined goal. From the analysis that the researchers did, according to Imam Ahmad bin Hambal, reconciliation occur through sexual intercourse whether both intended to reconcile or not and without the reconciliation statement. Slightly different from the Imam Malik bin Anas opinion, reconciling occur with intercourse but must be intended to reconcile without the reconcile statement. This opinion is contrary to Imam Abu Hanifah opinion that reconciling can occur only with sex, touches, kisses or similar things provided which are accompanied by lust. Whereas according to Imam Ash-Shafi'i, reconciliation can occur with the reconcile words by saying it from his ex-husband to his ex-wife with clear words. Reconciliation cannot occur only by actions. In ILC a former husband who wants to reconcile with his ex-wife must first get permission from her as stipulated in Article 167. Article 164 also state that an ex-wife can raise the objection towards a reconcile submission made by her ex-husband.

Item Type: Thesis (Bachelors Degree (S1))
Student ID: 201410020311039
Keywords: Reconcile, Imam Mazhab, Islamic Law Compilation
Subjects: B Philosophy. Psychology. Religion > BL Religion
B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
K Law > K Law (General)
Divisions: Faculty of Islamic Studies > Department of Islamic Family Law (Ahwal Syakhshiyyah) (74230)
Depositing User: Agung Gallant Setiabudi
Date Deposited: 12 Dec 2018 10:28
Last Modified: 12 Dec 2018 10:28
URI : http://eprints.umm.ac.id/id/eprint/41909

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