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IJTIHAD HAKIM DALAM MENENTUKAN KADAR NAFKAH ISTRI YANG DICERAIKAN (STUDI DI PENGADILAN AGAMA SENGKANG)

A. HM, Jusrihamulyono (2019) IJTIHAD HAKIM DALAM MENENTUKAN KADAR NAFKAH ISTRI YANG DICERAIKAN (STUDI DI PENGADILAN AGAMA SENGKANG). Bachelors Degree (S1) thesis, University of Muhammadiyah Malang.

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Abstract

The wife's life is a right that must be obtained from the husband. With the existence of a legitimate bond through the qabul permit requires the husband to provide for his wife. Providing a living for a wife does not stop at marriage ties only but there is a burden on the husband when divorcing his wife which is divided into three types, namely iddah, mut'ah, and earning past or madhi. The imposition is in the jurisdiction of the Religious Courts. The Religion Court's decision regarding the imposition of a divorced wife's income was the result of Hakim's ijtihad. The purpose of this research is to get concrete data about how the judge's ijtihad method processes in determining the amount of income earned on divorced wives. As well as the factors of consideration of the Judge in determining the level of income for a divorced wife. This research was conducted at the Sengkang 1B Religious Court located on Jl. Beringin I, Kelurahan. Bulupabulu, Tempe District, Wajo Regency, South Sulawesi. The type of research used in the framework of the research is referring to a normative juridical research approach that is qualitative in nature. The results of this study are: Ijtihad Method Sengkang Religious Court Judges in determining the livelihood of divorced wives study of casuistry between husband and wife both on the side of the situation of the two parties which are then combined with the legal view that binds the case. The study of the analysis of legal sources both contained in Islamic law and those that are in positive law by looking at the relevance of the rule of law (ushul fiqh). Study in the assembly deliberation by looking at the agreement on ex-offcio agreement. The consideration of the Judge of the Sengkang Religious Court in determining the level of livelihood of a divorced wife includes a study of casuistry between husband and wife by taking into account the situation of the two parties. Judge's considerations in assessing evidence and witnesses from both the husband and wife. Judge's consideration of the relevance of legal principles both the principle of legal certainty, justice and the principle of expediency.

Item Type: Thesis (Bachelors Degree (S1))
Student ID: 201510020311019
Thesis Advisors: Idaul Hasanah (0716047402), M. Arif Zuhri (0716028502)
Keywords: Ijtihad, Judge, Earning a wife of a Divorced
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
K Law > K Law (General)
L Education > L Education (General)
Divisions: Faculty of Islamic Studies > Department of Islamic Family Law (Ahwal Syakhshiyyah) (74230)
Depositing User: 201510020311019
Date Deposited: 21 Aug 2019 01:52
Last Modified: 21 Aug 2019 01:52
URI : http://eprints.umm.ac.id/id/eprint/50209

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