PUTUSNYA PERKAWINAN KARENA ISTRI MURTAD (Studi Kasus Putusan Perkara Nomor 0679/Pdt.G/2020/PA.Klt di Pengadilan Agama Klaten)

Ega Alberta Nur Rachmad, NIM.: 17103040054 (2021) PUTUSNYA PERKAWINAN KARENA ISTRI MURTAD (Studi Kasus Putusan Perkara Nomor 0679/Pdt.G/2020/PA.Klt di Pengadilan Agama Klaten). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research aims to find the consideration of the Judge at the Klaten Religious Court in deciding cases of divorcing due to an apostate wife. In the petition, the Petitioner had been given one talak raj'i on the Respondent, but in the process the Judges has been deciding a fasakh. The main questions that will be answered through this research are (1) what are the judge’s considerations in deciding the case of a divorcing due to an apostate wife? (2) how is the consequence of divorce due to an apostate wife? This type of research is a library research. This research was conducted using a normative juridical approach. Data collection techniques using literature and documentation by collecting primary and secondary legal materials. Qualitative data analysis techniques. The results of the study conclude that: First, the judge's consideration on deciding the case of divorce due to an apostate wife, namely the families of the Petitioner and the Respondent were not harmonious because of since the Respondent had apostatized and did not want to return to Islam, the Petitioner and the Respondent's disputes and quarrels were irreconcilable and had intens. Then, the legal basis for the judge in deciding this case becomes a fasakh is Article 116 letter (h) Compilation of Islamic Law, Book of Fiqhus sunnah juz II page 389, and Kitab Al Iqna’ juz II page 158. Second, the legal consequences arising from the fasakh decision are canceling the marriage contract. This indicates that the relationship between them is legally broken and there is no longer any special bond or relationship. If it comes to the iddah period, the wife has not repented, then it is not allowed to reconcile or marry a new contract. Other consequences of fasakh are: the wife does not receive a living, the position of the child remains as a legitimate child, the obligation to care for children, shared assets are divided fairly Keywords: Marriage, Apostasy, Divorce, Fasakh

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