%A NIM.: 20103050028 Ahmad Naufal Ashshidiqi
%O Pembimbing: Bustanul Arifien Rusydi, M.H.
%T HIPERSEKSUAL SEBAGAI SEBAB TERJADINYA PERCERAIAN (STUDI KASUS PUTUSAN PENGADILAN AGAMA SLEMAN NOMOR 869/PDT.G/2021/PA.SMN)
%X One of the purposes of marriage is to provide a legal forum for married couples to channel their sexual desires. In channeling sexual desire, it is actually done based on mutual needs so that no one party is harmed. However, sexual dynamics in marriage often show the dominance of the husband over the wife. One of the sexual practices that show the husband's dominance over his wife is the existence of excessive sexual appetite or hypersexual behavior. Although positive law and Islamic law do not explicitly regulate hypersexuality as a reason for divorce, in case number 869/Pdt.G/2021/Pa.Smn., the Panel of Judges has decided to grant a divorce claim caused by hypersexual behavior. This study aims to find out how the judge's consideration in deciding case number 869/Pdt.G/2021/Pa.Smn. and how Maqasyid Shari'ah reviews the consideration of the Panel of Judges in deciding case number 869/Pdt.G/2021/Pa.Smn.
This study employs a qualitative method with a field research approach. The approach used is the case approach, aiming to conduct an in-depth analysis of the decision made by the Sleman Religious Court in case number 869/Pdt.G/2021/PA.Smn, specifically related to divorce due to hypersexuality. The research is descriptive-analytical, systematically describing the case and analyzing it using the Maqasyid Syari'ah theory. Data collection techniques include documentation, literature review, and interviews with the relevant judge. The data analysis is conducted using a descriptive qualitative method with an inductive approach, beginning with specific facts to formulate general conclusions.
The results of this study explain that in the legal considerations of the Panel of Judges regarding case No. 869/Pdt.G/2021/PA.Smn, hypersexual behavior was identified as the cause of the dispute that disrupted household harmony. The Panel of Judges focuses on proving the existence of a dispute in accordance with Article 39 paragraph 2 of Law No. 1 of 1974 jo. Article 19 letter f of Government Regulation No. 9 of 1975 jo. Article 116 letter f of the Compilation of Islamic Law. Furthermore, the judges' considerations in this decision are generally in line with the principles of Maqasyid Shari'ah put forward by Abu Zahrah. This decision reflects efforts to educate individuals and society (Tahdzib al-Fard), uphold justice (Iqamah al-'Adl), and realize benefits (Jalb al-Maslahah). This research confirms that from an Islamic perspective, the integrity of the household should not be forced if it causes greater harm, in line with the principle of prioritizing good and avoiding evil, and upholding the dignity and welfare of individuals in the context of family and community life.
%K Hiperseksual, Perceraian, Maqasyid Syari’ah
%D 2024
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib67527