%A NIM.: 18103050007 Sabrina Rahma Salsabila
%O Pembimbing: Prof. Dr. Khoiruddin, MA.
%T TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP PEMENUHAN NAFKAH MADIYAH DALAM PERKARA CERAI TALAK (STUDI PUTUSAN NOMOR 96/PDT.G/2021/PA.BTL DAN NOMOR 55/PDT.G/2021/PTA. YK)
%X Nafkah madiyah is an obligation of a husband to his wife and children which is not fulfilled during the marriage until the filing of a divorce application. The obligation to fulfill nafkah ma>d}iyah is the husband's debt to his wife and children as long as the wife does not perform nusyuz. In the case of divorce, nafkah ma>d}iyah petition is proposed by the wife called as a counterclaim. This research analyzed the disparity of judge’s consideration in the decision number 96/Pdt.G/2021/PA.Btl and 55/Pdt.G/2021/PTA.Yk, with the Islamic law and positive law review. Within both decisions there are differences in the understanding of the Panel Judges regarding the meaning and purpose of nusyu or the wife’s iniquity towards husband.
This type of research is library research with a normative-juridical approach. While the data analysis method used is descriptive-analytic. The data were collected using documentation and interviews method. This research is viewed from positive law with legal system theory by Lawrence M. Friedman and Islamic law with maqa<s}id syari<’ah theory by asy-Syatibi. Then researcher draws the conclusion inductively.
Based on a review of Islamic law, the result of the study shows that the law of fulfilling nafkah ma>d}iyah is mandatory because a husband's debt must be paid. This obligation is at the dharuri level because it protects the souls of his ex-wife and children and it will harm the husband in the afterlife if it is not paid. Protecting the soul (hifzun nafs) is one of the goals of the existence of law or maqas}id syari<ah. So that the correction of the decision by the Panel of Judges at the court of appealed is correct. Meanwhile, according to a positive legal review, case handling and judges' considerations are in accordance with Lawrence M. Friedman's theory of legal system theory. Because the three components of the legal system have been fulfilled, namely the role of the court in deciding cases, the prevailing laws and regulations in Indonesia and the understanding of the community related to the process of filing a livelihood claim, is in conformity with the standards of an effective legal system.
%K Nafkah Mad}iyah, Cerai Talak, Disparitas Pertimbangan Hakim, Nusyuz
%D 2022
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib53774