MARITAL RAPE SEBAGAI ALASAN PERCERAIAN DALAM PERSPEKTIF HUKUM ISLAM (STUDI PUTUSAN PENGADILAN AGAMA MUNGKID NOMOR 1132/PDT.G/2020/PA.MKD DAN PENGADILAN TINGGI AGAMA SEMARANG NOMOR 35/PDT.G/2021/PTA.SMG)

Zada Sabila, NIM.: 20103050129 (2024) MARITAL RAPE SEBAGAI ALASAN PERCERAIAN DALAM PERSPEKTIF HUKUM ISLAM (STUDI PUTUSAN PENGADILAN AGAMA MUNGKID NOMOR 1132/PDT.G/2020/PA.MKD DAN PENGADILAN TINGGI AGAMA SEMARANG NOMOR 35/PDT.G/2021/PTA.SMG). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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	Text (MARITAL RAPE SEBAGAI ALASAN PERCERAIAN DALAM PERSPEKTIF HUKUM ISLAM (STUDI PUTUSAN PENGADILAN AGAMA MUNGKID NOMOR 1132/PDT.G/2020/PA.MKD DAN PENGADILAN TINGGI AGAMA SEMARANG NOMOR 35/PDT.G/2021/PTA.SMG)) 20103050129_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (3MB) | Request a copy

Abstract

Marital Rape is defined as an act of rape that occurs within a marital relationship, namely forced sexual activity by one partner against another partner, such as a husband against his wife and vice versa. For example, it was observed at the Mungkid Religious Court and the Semarang High Religious Court from 2020 to 2021. There was a case where a plaintiff filed for divorce at the Mungkid Religious Court on the grounds that Marital Rape was the main factor in the dispute. In this case, the judge's expertise and skills are needed in analyzing the reasons for divorce with the Marital Rape action, by going through various different opinions and views of each panel of judges. The purpose of this research is to find out domestic rape (Marital Rape) from the perspective of the Compilation of Islamic Law. The type of research used is field research which is descriptive analytical with a normative approach. The data source used is a primary data source, using data analysis techniques in the form of qualitative techniques which are then presented descriptively, namely by collecting and describing the data obtained in the form of words and images. Based on the results of the research that has been carried out, two conclusions can be noted. First, the difference in decision results between the Mungkid Religious Court decision Number 1132/Pdt.G/2020/PA.Mkd and the Semarang High Religious Court Decision Number 3/Pdt.G/2021/PTA.Smg is due to differences in the judges' legal considerations. The differences in legal considerations are influenced by the judge's different ways of exploring the facts and different views. Second, based on Islamic law based on Maqāṣid asySyarī’ah, Marital Rape is a medium that hinders and thwarts the realization of Maqāṣid asySyarī’ah which is to be achieved in sexual relations, and is the cause of mafsadah for humans, especially for wives who are the object of this act. In the Compilation of Islamic Law, committing domestic rape (Marital Rape) by a husband violates his rights and position as well as obligations in the household as regulated in articles 77 and 79 of the Compilation of Islamic Law.

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