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TINJAUAN MAQASID AL-SYARI‘AH TERHADAP PERCERAIAN AKIBAT JUDI ONLINE DAN KEKERASAN DALAM RUMAH TANGGA (STUDI ATAS PUTUSAN HAKIM NOMOR 6258/Pdt.G/2024/PA. Jr)
The increase in divorce cases indicates serious problems in the lives of Muslim families in Indonesia, which are generally triggered by various factors, especially economic problems. In its development, economic problems are often exacerbated by deviant behavior in the household, one of which is the habit of online gambling, which can trigger prolonged conflict and lead to domestic violence. This complexity is reflected in the Jember Religious Court Decision Number 6258/Pdt.G/2024/PA.Jr which contains a divorce due to the husband's online gambling habit accompanied by neglect of financial support and domestic violence. Based on this case, this study examines the judge's legal considerations and their compatibility with the values of justice and victim protection from an Islamic law perspective. This research is a library research with a descriptive-analytical nature. The research data was obtained through documentation methods, namely collecting data from various written sources on primary and secondary legal materials. The approach used in this study was juridical-normative by examining Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law (KHI), Law Number 23 of 2004 concerning the Elimination of Domestic Violence, as well as the theory of maqasid al-syariah and the concept of maslahah. Data analysis was conducted qualitatively using inductive methods. Based on the results of the study of the Jember Religious Court Decision Number 6258/Pdt.G/2024/PA.Jr regarding divorce due to online gambling and domestic violence, this study concludes that the panel of judges' legal considerations were based on the facts of the trial, which showed a fundamental and ongoing breakdown of the marriage due to the Defendant's behavior in the form of domestic violence, a habit of online gambling, and consumption of alcoholic beverages that caused physical and psychological suffering to the wife and children, so that the purpose of marriage to create a sakinah, mawaddah, wa rahmah family could no longer be achieved. The judge's decision not to apply the provision of separation for six months as stipulated in SEMA Number 3 of 2023 reflects a bias towards the protection of victims because the element of darar has been fulfilled. From the perspective of maqasid al-syariah, this decision is in line with the function of dar al-mafasid in maqasid daruriyyat, particularly in protecting life (hifz al-nafs), reason (hifz al-'aql), property (hifz al-mal), and offspring (hifz al-nasl).
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
TINJAUAN MAQASID AL-SYARI‘AH TERHADAP PERCERAIAN AKIBAT JUDI ONLINE DAN KEKERASAN DALAM RUMAH TANGGA (STUDI ATAS PUTUSAN HAKIM NOMOR 6258/Pdt.G/2024/PA. Jr) (Text)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)