The repository administrator has not yet configured an RDF license.
PEMBEBANAN NAFKAH IDDAH DAN MUT’AH BAGI SUAMI YANG MENJALANI PIDANA PENJARA (ANALISIS PUTUSAN PENGADILAN AGAMA NOMOR: 1913/PDT.G/2025/PA.GS)
Maintenance during the iddah period and mut’ah in divorce cases hold an important position in Islamic family law, as they are directly related to the protection of women’s economic rights following the dissolution of marriage. In practice, however, the implementation of these obligations is not always carried out under ideal circumstances, particularly when the husband faces economic limitations or is serving a prison sentence. On the one hand, legal norms affirm the husband’s obligation to fulfill the wife’s rights; on the other hand, the principles of capability and propriety must be considered to ensure that the imposition of such obligations remains proportional. This situation reflects a tension between normative legal provisions and the principle of justice in their practical application. This study aims to analyze the legal considerations of the judge in determining iddah maintenance and mut’ah in the Decision of the Gresik Religious Court Number 1913/Pdt.G/2025/PA.Gs and to assess the justice of the decision through the perspective of Aristotle’s theory of justice, particularly distributive and corrective justice. This research constitutes a library research study with a descriptive-analytical nature and employs an Normative legal research. Primary data were obtained from court decisions and interviews with the judge who examined and adjudicated the case, while secondary data were derived from library research and analysis of court decisions; all data were then analyzed qualitatively.. The findings indicate that the judge has applied distributive justice by proportionally assigning obligations in accordance with the defendant’s economic condition, resulting in a realistic and manageable amount without eliminating his responsibility. Corrective justice is also reflected in the imposition of maintenance as compensation for the wife’s losses caused by the husband’s failure to fulfill his obligations during the marriage, reinforced by the judge’s ex officio authority. In addition, this study identifies administrative implications in the form of restricted access to obtaining the divorce certificate, which consequently hinders the processing of civil documents such as identity cards (KTP) and family cards (KK) within the Gresik local government system, functioning as an indirect enforcement mechanism to ensure compliance. However, the decision still presents weaknesses in terms of proportionality measurement, as it is not fully based on the wife’s actual needs and relies on speculative assumptions regarding the defendant’s future financial capacity. Therefore, while the ruling substantively reflects justice, it does not entirely guarantee its practical enforceability.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PEMBEBANAN NAFKAH IDDAH DAN MUT’AH BAGI SUAMI YANG MENJALANI PIDANA PENJARA (ANALISIS PUTUSAN PENGADILAN AGAMA NOMOR: 1913/PDT.G/2025/PA.GS) (Text)
HTML Summary of #76592 PEMBEBANAN NAFKAH IDDAH DAN MUT’AH BAGI SUAMI YANG MENJALANI PIDANA PENJARA (ANALISIS PUTUSAN PENGADILAN AGAMA NOMOR: 1913/PDT.G/2025/PA.GS)
297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)