MENJAMIN KEMANFAATAN DAN KEPASTIAN HUKUM: STUDI TERHADAP PENERAPAN TALAK BID’I DI PENGADILAN AGAMA SURABAYA

Rahmatulloh Panji Maulana, NIM.: 20203012069 (2023) MENJAMIN KEMANFAATAN DAN KEPASTIAN HUKUM: STUDI TERHADAP PENERAPAN TALAK BID’I DI PENGADILAN AGAMA SURABAYA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Divorce is one of the reasons for breaking up a marriage. It is undeniable that a family will encounter disputes, it is not uncommon for the couple in facing disputes to never find common ground, therefore divorce is often resorted to when they cannot find a way out. Islam allows divorce, of course with the provisions that have been prescribed. Nevertheless, there are divorces that are prohibited, bid'i divorces are divorces that are forbidden by religion even though the divorce is valid. As for giving divorce three times at once, giving divorce during menstruation and giving divorce to a wife who is pure but has had intercourse, it is included in bid'i divorce. In this study, a discussion will be raised regarding the implementation of the divorce vow during menstruation at the Surabaya Religious Court This research is research that emphasizes legal practice in the Surabaya Religious Court related to the implementation of divorce vows when a wife is menstruating. This research is a research with empirical juridical approach. The nature of the research is descriptive analytical. Data collection is done by interviews and documentation. Interviews were conducted with the judges who handled cases and documentation with reference to the 3 decisions whose divorce vows were carried out during menstruation, as well as related documents. The focus of the discussion in this study is to find out the flow of bid'i divorce (during menstruation) and the considerations of judges in dealing with divorce cases whose divorce vows are during menstruation at the Surabaya Religious Court. This study concludes that, first, there are several divorcees whose divorce vows are made while the wife is menstruating at the Surabaya Religious Court, as seen from 3 cases. The parties in these 3 cases asked the judge to continue carrying out their divorce vows even though they were menstruating, the request was due to the busyness of the parties, long distances and financial constraints. Second, that the judges try to fulfill the request of the parties who want to carry out the divorce pledge even though the wife is menstruating to provide convenience and certainty for the status of the parties in completing the trial process until the divorce certificate is taken according to the needs and conditions of the parties. The judge's attitude is also in accordance with the provisions in guideline book II which allows for divorce vows during menstruation if the wife is willing and because she fulfills the elements of legal certainty, and the principles or principles are simple, fast and inexpensive in resolving cases.

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