PERBEDAAN PAHAM BERAQIDAH SEBAGAI ALASAN PERCERAIAN (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA KABUPATEN MADIUN NOMOR 753/Pdt.G/2021/PA. Kab.Mn)

Muaddib Husain, NIM.: 20103050099 (2024) PERBEDAAN PAHAM BERAQIDAH SEBAGAI ALASAN PERCERAIAN (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA KABUPATEN MADIUN NOMOR 753/Pdt.G/2021/PA. Kab.Mn). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Islam teaches about tolerance, with the existence of a difference can complement each other. However, the phenomenon that occurred in the Madiun Regency Religious Court once received or examined a case of contested divorce due to differences in religious beliefs, namely case number 753/Pdt.G/2021/PA.Kab.Mn. In this case, when viewed in the Law, it is not included in the valid reasons for divorce, so how is the Judge's consideration in making a decision and also how Islamic law reviews this difference in belief as a reason for divorce. This study analyzes the legal considerations of the Panel of Judges in deciding divorce cases due to differences in aqidah in Decision Number 753/Pdt.G/2021/PA.Kab.Mn, and examines the perspective of Maslahah Mursalah. This type of research is field research with a normative juridical approach and analytical descriptive nature. Primary data includes decision No. 753/Pdt.G/2021/PA.Kab.Mn, Government Regulation No. 9 of 1975, and the Compilation of Islamic Law (KHI), while secondary data is obtained from interviews, books, journal articles, and relevant literature. Data collection techniques using legal documentation, literature study, and interviews with the Panel of Judges, with qualitative data analysis and inductive methods. The research findings show that in case number 753/Pdt.G/2021/PA Kab Mn, the Panel of Judges granted the divorce lawsuit filed by the Plaintiff not solely due to a difference in religious beliefs, but because of an ongoing dispute resulting from that difference. The Panel of Judges assessed that their marriage had reached a point where it could no longer be sustained. This decision was based on the fulfillment of several criteria, namely: first, the prolonged conflict caused by differences in religious beliefs; second, the dispute could not be resolved, either through family reconciliation efforts or mediation in the Religious Court. This decision refers to Article 19 letter (f) of Government Regulation No. 9 of 1975 and Article 116 letter (f) of the Compilation of Islamic Law, which state that divorce may occur if there is continuous conflict and quarrels without hope of reconciliation. In the Mubadalah perspective, there are five pillars that serve as a reference for maintaining marital resilience. If any of these pillars are not met in practice, it could trigger cracks in the marital stability, potentially leading to divorce. Meanwhile, from the perspective of Maslahah Mursalah, the Judge's consideration in granting the divorce is deemed appropriate, as it aims to safeguard the welfare of both the husband and wife. This decision is seen as a way to protect them from difficulties in performing religious duties and preventing more severe negative impacts on their lives.

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