relation: https://digilib.uin-suka.ac.id/id/eprint/79642/
title: IJTIHAD HAKIM DALAM MENENTUKAN KADAR NAFKAH MUT’AH DAN NAFKAH ‘IDDAH (STUDI PADA PENGADILAN AGAMA YOGYAKARTA TAHUN 2026)
creator: Muhammad Alfin Azizurrohman, NIM.: 19103050033
subject: 346.01 Hukum Keluarga - Hukum Pernikahan
description: The study is motivated by the existence of different judicial decisions in  determining the amount of mut'ah and iddah maintenance despite relatively similar  case characteristics. These differences indicate that judges exercise ijtihad in  achieving justice based on the specific circumstances of each case.  This research is qualitative field research employing a normative juridical  approach. Primary data were collected through interviews with judges of the  Yogyakarta Religious Court, while secondary data were obtained from statutory  regulations, the Compilation of Islamic Law, court decisions, Islamic legal  literature, and other relevant academic sources. The data were analyzed  descriptively using a qualitative approach with inductive reasoning.  The findings indicate that judges determine the amount of mut'ah and iddah  maintenance not only by referring to statutory provisions but also by exercising  ijtihad based on the facts revealed during the trial, including the husband's financial  capability, the duration of the marriage, the wife's condition, the conduct of the  parties, and the principles of fairness and justice. The variation in maintenance  awards reflects the application of justice tailored to the specific circumstances of  each case. From the perspective of maslahah mursalah, the judges' ijtihad  demonstrates an effort to achieve public benefit by protecting the rights of former  wives while taking into account the financial capacity of former husbands.  Consequently, the judicial decisions provide not only legal certainty but also justice  and social benefit.
date: 2026-08-26
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/79642/1/19103050033_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/79642/2/19103050033_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Muhammad Alfin Azizurrohman, NIM.: 19103050033  (2026) IJTIHAD HAKIM DALAM MENENTUKAN KADAR NAFKAH MUT’AH DAN NAFKAH ‘IDDAH (STUDI PADA PENGADILAN AGAMA YOGYAKARTA TAHUN 2026).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.