TY  - THES
N1  - Prof. Dr. Ali Sodiqin, M.Ag. dan Dr. Moh. Tamtowi, M. Ag.
ID  - digilib78830
UR  - https://digilib.uin-suka.ac.id/id/eprint/78830/
A1  - A Hashfi Luthfi, NIM.: 21303012005
Y1  - 2026/08/26/
N2  - This study arises from the disparity between the ethical
objectives of mut?ah maintenance in the Qur?an, its legal construction
within Indonesia?s statutory framework, and its application in the
Religious Courts. In the Qur?an and Islamic jurisprudence (fiqh),
mut?ah is understood not merely as a financial obligation but also as a
form of provision that embodies protection, restoration of dignity, and
assurance of continued well-being for a party affected by divorce. By
contrast, Indonesian legislation constructs mut?ah as an obligation of
the husband and a corresponding right of the wife following divorce,
thereby grounding legal protection more firmly in gender categories
than in the parties? actual conditions of vulnerability. This study aims
to analyze the legal construction of mut?ah under Indonesian law,
explain why the Religious Courts continue to reproduce this
construction in judicial practice, and examine the extent to which the
law governing mut?ah needs to be reconstructed to be more responsive
to the principles of justice and vulnerability.
This qualitative study employs normative-juridical,
philosophical, and empirical-juridical approaches. The primary data
comprise statutory and regulatory instruments governing mut?ah,
particularly Law Number 1 of 1974 on Marriage, the Compilation of
Islamic Law (Kompilasi Hukum Islam), Supreme Court Regulations
(PERMA), Supreme Court Circular Letters (SEMA), and other
relevant technical regulations. The analysis also draws upon decisions
of the Religious Courts and interviews with fourteen Religious Court
judges concerning the legal basis for awarding mut?ah, considerations
used in determining its amount, the exercise of ex officio judicial
authority, the relevance of the parties? economic circumstances, and
the possibility of awarding mut?ah based on actual vulnerability. The
data are analyzed through an integrated framework combining the
Maudh??? Nuz?l? approach, the Mub?dalah perspective, the
vulnerability paradigm, and John Rawls?s principle of the veil of
ignorance.
The study finds that the legal construction of mut?ah in
Indonesian legislation represents a transformation of classical fiqh
thought subsequently codified within the national legal system. In this
process, the orientation of mut?ah has shifted from an instrument
designed to protect the vulnerable party to a form of protection
attached to gender identity, namely, an obligation imposed upon the
husband for the benefit of the wife following divorce. This paradigm
continues to be reproduced in the practice of the Religious Courts
through the interaction between the normative provisions of the
Compilation of Islamic Law, PERMA, and SEMA and judicial
perspectives that remain grounded in classical fiqh constructions.
Consequently, mut?ah continues to be awarded to women as a legally
defined category, even where the parties? economic circumstances and
actual levels of vulnerability may indicate a different reality. These
findings demonstrate that the orientation of mut?ah within the
Indonesian legal system has yet to fully reflect the Qur?an?s
substantive objective of protecting those rendered vulnerable by
divorce. Accordingly, a reconstruction of the law governing mut?ah is
necessary so that entitlement is determined not solely based on gender
identity but also by taking into account the parties? actual levels of
vulnerability. Such a reconstruction would bring the law of mut?ah
into closer alignment with maq??id al-shar??ah, the principle of
Mub?dalah, and substantive justice in Islamic family law.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Nafkah Mut?ah
KW  -  Gender Biner
KW  -  Kerentanan
KW  -  Mubadalah
KW  - 
Maudhu?i Nuzuli
KW  -  Hukum Keluarga Islam
M1  - doctoral
TI  - PEMBAHARUAN HUKUM KELUARGA ISLAM DI INDONESIA: REINTERPRESTASI HUKUM NAFKAH MUT?AH BERBASIS PARADIGMA KERENTANAN
AV  - restricted
EP  - 271
ER  -