PANDANGAN KH. AHMAD ZUHDI TERHADAP PERLINDUNGAN ATAS NAFKAH IDDAH BAGI MANTAN ISTRI (ANALISIS PUTUSAN PA SLEMAN NOMOR 1914/PDT.G/2019/PA.SMN)

Shelly Milenia Risdayani, NIM.: 19103050089 (2023) PANDANGAN KH. AHMAD ZUHDI TERHADAP PERLINDUNGAN ATAS NAFKAH IDDAH BAGI MANTAN ISTRI (ANALISIS PUTUSAN PA SLEMAN NOMOR 1914/PDT.G/2019/PA.SMN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Divorce is a divorce based on a lawsuit filed by a wife, so that her marriage with her husband is dissolved. Divorce does not mean that the ex-husband is free from his responsibility to provide support to his ex-wife. Based on case number 1914/Pdt.G/2019/Pa.Smn, as a result of the divorce, the wife sued and imposed a burden on her ex-husband to obtain legal protection in the form of 'iddah maintenance. The panel of judges considers it based on proven facts and acts as an intermediary for both parties so that their rights and obligations are guaranteed and no one feels disadvantaged. This is in accordance with Indonesian law regulating the rights of wives after divorce. It is stated in Article 41 letter (c) of the Law on Marriage. This research uses a type of field research by exploring systematically by taking field data. This research is descriptive analytical in nature with a socio-normative approach. Primary data sources are interviews and decision No.1914/Pdt.G/2019/PA.Smn, while secondary data sources come from books, journals, previous research and other literature. The results of this research show that KH. Ahmad Zuhdi as the chief judge of the Sleman Religious Court stated that legal protection for wives after divorce was based on PERMA No.3 of 2017 which was then refined by SEMA No.3 of 2018, as well as ex officio rights regarding the fulfillment of ex-wives' rights after divorce. This is in accordance with Maqashid Syari'ah which applies five main points to provide legal protection for ex-wives who have been divorced. And this is one of the judge's efforts to provide for the husband's obligation to fulfill the 'iddah maintenance.

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