ANALISIS NORMATIF DAN YURIDIS TERHADAP BATAS WAKTU CERAI GUGAT GHAIB (STUDI PUTUSAN PENGADILAN AGAMA MATARAM NOMOR 400/PDT.G/2021/PA.MTR)

Riska Nurmawaddah, S.H., NIM.: 21203012031 (2024) ANALISIS NORMATIF DAN YURIDIS TERHADAP BATAS WAKTU CERAI GUGAT GHAIB (STUDI PUTUSAN PENGADILAN AGAMA MATARAM NOMOR 400/PDT.G/2021/PA.MTR). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Unseen divorce is a type of divorce filed by the wife. In this situation, at the time the lawsuit was filed, the husband's address and whereabouts were unknown. A husband is considered unseen if he leaves his wife without clear reasons for two consecutive years and does not provide news or information about her whereabouts. A partner whose whereabouts are unknown is called mafqud. The definition of mafqud itself is someone who leaves without leaving any news and whose status is unknown whether he is dead or still alive. The main problem discussed in this article is related to decision number 400/Pdt.G/2021/PA.Mtr. This case involved a wife who filed an unseen divorce suit, where her husband was considered mafqud, that is, his whereabouts were unknown, but the husband's absence was less than two years. The type of research used in this research is field study or field research and the nature of the research is qualitative and then analyzed using legal discovery theory to see the legal consequences of unseen divorce. The results of this research show that the judge granted the plaintiff's lawsuit using two methods of legal discovery, namely the systematic interpretation method and the telelogical interpretation method, namely by looking at the reasons for the defendant's departure and the reasons that the defendant had left the plaintiff, and harmony in their household had been disturbed. In this decision, the judge gave one ba'in shughra talaq to the defendant for the plaintiff's lawsuit. Thus, based on positive law in Indonesia, a mafqud husband's divorce results in one ba'in shughraa divorce. In the context of Islamic law, the result of talak one ba'in shughraa is that the husband is not permitted to reconcile with his ex-wife except through a new marriage contract.

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