PELANGGARAN SIGHAT TAKLIK TALAK SEBAGAI ALASAN PERCERAIAN (Studi di Pengadilan Agama Tulungagung)

RISKA, FATHA AULIA (2008) PELANGGARAN SIGHAT TAKLIK TALAK SEBAGAI ALASAN PERCERAIAN (Studi di Pengadilan Agama Tulungagung). Other thesis, University of Muhammadiyah Malang.

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Abstract

Sighat taklik talak is an agreement said by bridegroom after marriage contract put in marriage license which forms agreement of talak given to certain situation that maybe happens in a future time. Sighat taklik talak is an agreement of a marriage which is to equal to the right of talak which belongs to a husband, except khulu’ in the rule of islam. Religious court as an institution of law holder, tries to answer the problems growing up in a society and meeting the justice feeling of society, several accusations of divorce sent by the reason of breaking taklik talak must be checked by judge as well, whereas in fact UU No1 Tahun 1974 about a marriage as a law source in the case of a marriage does not contain the rules of agreement of taklik talak. It is certain that the break of taklik talak can be used as a reason of divorce in Islamic rule of complication. Religious court is hoped to do process of checking cases appropriately and prove everything which is still absurd. Using an analysis method of descriptive qualitative, an analysis which describe problems in a research in qualitative way. This kind of this research is a research of yuridis sociology or field research. The research is located at religious court Tulungagung in Pahlawan III No 1 Tulungagung. The object of the research is some case of divorce accuse at religious court Tulungagung using the reason of breaking taklik talak. The way of collecting data conducted by the writer is by doing observation to the religious court Tulungagung, interview with some judges and officials of it, and documentation. From the existed problem, it can be got a description of the research result that from the whole cases of divorce handed by religious court Tulungagung, ± 40% are divorce accue by the reason of breaking taklik talak. The measure of being talak to this problem is to be paid iwadl by wife, except a decition of court having permanent power. The decition given by the judge is talak one khul’i by paying iwadl. The profe of four conditions of taklik talak uses same instrument of profe that includes a written, a witness, a suspicion, a confession and an oath used in a civil case. And it turns on that the must instrument of profe used in a written profe and an information from the witness.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Twinning Program
Depositing User: Anggit Aldila
Date Deposited: 12 Jun 2012 06:05
Last Modified: 12 Jun 2012 06:05
URI: http://eprints.umm.ac.id/id/eprint/7333

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