Abstract

This study aims to analyze the livelihood issues that cause divorce from the perspective of Islamic Family Law, and to analyze the legal consequences of divorce due to subsistence factors with the study of Mataram Religious Court Decision No: 0492 / Pdt.G / 2016 / PA.Mtr. The research method used is empirical normative legal research, with a case approach method, a statutory approach, and a sociological approach. The results of the research and discussion conclude that the issue of livelihood can be one of the causes of divorce in terms of Islamic family law due to 3 things, namely, Nyusyus 'husband, Nyusyus' wife, and syiqaq. Based on the facts in decision No: 0429 / Pdt.G / 2016 / PA.Mtr due to the legal consequences of divorce due to financial factors and other reasons, the court obliges the ex-husband to provide living expenses and / or determine an obligation for the ex-wife. Before the marriage between a husband and a wife candidate should be more solidified in terms of physical and spiritual preparation and to officials at the Religious Courts, so that they can decide cases related to this factor of living more carefully and quickly so as not to cause harm to either party.

Highlights

  • As an Indonesian citizen, every community is given the right to continue life by having a partner to form a family through marriage

  • Marriage according to its original meaning is sexual relations but according to majazi or the legal meaning is a contract which makes sexual relations lawful as a husband and wife partner.1The meaning of a marriage is stated in Article 1 of Law no. 1 of 1974 in conjunction with Law no. 16 of 2019 concerning marriage (Marriage Law) which reads:

  • The compilation of Islamic Law clearly defines the purpose of marriage, namely to foster a family that is sakinah, mawaddah, and merciful, based on the guidance of shari'ah from God

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Summary

Introduction

As an Indonesian citizen, every community is given the right to continue life by having a partner to form a family through marriage. Marriage according to its original meaning is sexual relations but according to majazi (methaporic) or the legal meaning is a contract (agreement) which makes sexual relations lawful as a husband and wife partner.1The meaning of a marriage is stated in Article 1 of Law no. "Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead".2. One of the rights and obligations of husband and wife is about living. Livelihood is the duty of a husband to meet all the needs of the family, physically and spiritually. A living is the cost of living which includes food, clothing, facilities and infrastructure needed by the family

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