Divorced Wife Research Articles

Violation of Women's Rights on Divorce: Study on Religious Court Decision

Objective: This study aimed to show the causes of post-divorce vio-lations of women's rights and the implications of religious court de-cisions on women which violate their rights. This objective is based on the fact that various problems in marriage cause women to some-times file for legal divorce from their husbands. However, religious court decisions on divorce have violated women's rights, both the right to maintenance and mut'ah.
 
 Theoretical Framework: Divorce and its settlement in religious courts in Indonesia have problems that sometimes disadvantage women.
 
 Method: The research was conducted with a qualitative approach, this is based on the data studied which are facts and documents re-lated to religious courts on divorce. This study used two data collec-tion methods, namely documentation of Religious Court decisions through directories and interviews.
 
 Results and Conclusion: The decision was confirmed to inform-ants through interviews with a number of judges and women as plaintiffs. Based on the results, the Religious Court decision on di-vorce violating women's rights produces poverty and life stress for women. Women do not get justice because the Religious Court de-cision creates gender bias. Therefore, it takes courage from judges in deciding divorce cases to realize 3 legal objectives and a legisla-tive review of several articles in Law on Marriage for the reformula-tion of Islamic Family Law in Indonesia.
 
 Research Implications: The results of the study have implications for changes in religious court decisions on divorce, so that they are no longer detrimental to divorced wives.
 
 Originality/value: Changes in the religious court system towards the problem of divorce are urgently needed, the fulfillment of the rights of wives who are victims of divorce must be the main aspect to be considered by judges.

ETIKA PERCERAIAN DALAM QS. AL-THALAQ DAN IMPLIKASINYA SECARA TEOLOGIS SERTA SOSIOLOGIS

This article aims to discuss the ethics of divorce in QS. al-Thalaq which have theological and sociological implications. By using the type of research library research and thematic interpretation method (maudhu'i) by taking one letter, namely QS. al-Thalaq, this article concludes that the ethics of divorce in QS. There are 4 al-Thalaq, namely: (1) the husband drops divorce when the wife is pure from menstruation and has not been interfered with; (2) Allah forbids the believers to take the divorced wife out of the house before her iddah runs out; (3) The iddah of a woman who is not old enough (not yet an adult) is that she has never had menstruation; and (4) the iddah of an elderly woman, namely three months, while for a woman who is pregnant and her husband has died, her iddah is until she gives birth to the baby she is carrying. The theological implications of QS. al-Thalaq includes: confidence in Allah's help and confidence in His sustenance. While the sociological implications include: divorce can solve household life problems, does not break friendships and is included in the destiny of a mate.

Violation of Women's Rights on Divorce: Study on Religious Court Decision

Objective: This study aimed to show the causes of post-divorce violations of women's rights and the implications of religious court decisions on women which violate their rights. This objective is based on the fact that various problems in marriage cause women to sometimes file for legal divorce from their husbands. However, religious court decisions on divorce have violated women's rights, both the right to maintenance and mut'ah.
 
 Theoretical Framework: Divorce and its settlement in religious courts in Indonesia have problems that sometimes disadvantage women.
 
 Method: The research was conducted with a qualitative approach, this is based on the data studied which are facts and documents related to religious courts on divorce. This study used two data collection methods, namely documentation of Religious Court decisions through directories and interviews.
 
 Results and Conclusion: The decision was confirmed to informants through interviews with a number of judges and women as plaintiffs. Based on the results, the Religious Court decision on divorce violating women's rights produces poverty and life stress for women. Women do not get justice because the Religious Court decision creates gender bias. Therefore, it takes courage from judges in deciding divorce cases to realize 3 legal objectives and a legislative review of several articles in Law on Marriage for the reformulation of Islamic Family Law in Indonesia.
 
 Research Implications: The results of the study have implications for changes in religious court decisions on divorce, so that they are no longer detrimental to divorced wives.
 
 Originality/value: Changes in the religious court system towards the problem of divorce are urgently needed, the fulfillment of the rights of wives who are victims of divorce must be the main aspect to be considered by judges.

DETERMINATION OF IDDAH SUPPORT THROUGH EX OFFICIO JUDGES' EX OFFICIO RIGHTS IN VERSTEK TALAK DIVORCE CASES

This study aims to answer the problem of determining iddah maintenance through the ex officio rights of judges in verstek divorce cases. Divorce cases involving verstek talak mean that the wife has never been present at the divorce hearing and has not filed a claim for her right to support her iddah after the divorce. Even though Article 41 of the Marriage Law and Article 149 of the KHI regulate the husband's obligation to provide iddah maintenance to his divorced wife. The form of research used in this study is normative juridical research (library research) with a statutory approach. This normative legal research is based on secondary legal material obtained through data collection techniques of library studies and the data obtained is then analyzed using descriptive-qualitative methods. This study found that although Article 178 HIR paragraph 3 and Article 189 RBg Paragraph 3 state that judges are prohibited from passing decisions on cases that are not prosecuted or granted more than what is demanded, there are specificities in the procedural law of the Religious Courts as stipulated in Article 54 Law Number 3 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts. The basis for implementing the ex officio right to determining iddah maintenance in cases of verstek divorce is Article 41 letter c of Law Number 1 of 1974 which reads "The court may oblige the ex-husband to provide subsistence expenses and or determine an obligation for the ex-husband".

The Effect of the Disease of Death on the Patient’s Behavior: A Fundamental Jurisprudential Study - Divorce as A Model -


 
 
 
 Praise be to God, and may blessings and peace be upon the Messenger of God, his family, companions, and those who are guided by his guidance.
 The disease of death is the disease in which death is prevalent and death is often related to it, and it does not affect the capacity of a person in both types of it. It affects the rights of the heirs or the creditors, and the donations of the patient while he is alive take the ruling of a will, and the patient is withheld death from the time of the disease if he has heirs or creditors.
 
 
 
 
 After reviewing the jurisprudential issues, it became clear to me that there are certain cases in which the divorced wife does not inherit from her husband the disease of death.

Analisis Maqashid Syariah terhadap Pasal 8 PP No 10 Tahun 1983 Jo PP 45 Tahun 1990 tentang Nafkah ‘Iddah Isteri setelah Ditalak Suami

This study examines the Maqashid Sharia Analysis of the Wife's Iddah Income After Her Husband Divorced Based on Article 8 PP No. 10 of 1983 Jo PP 45 of 1990. The formulation of the problem from this research is how is the concept of Iddah's livelihood in article 8 of PP No. 10 of 1983 Jo PP 45 of 1990 and how to analyze the concept of Maqashid Syariah against article 8 PP No.10 of 1983 Jo PP 45 of 1990. The method used in this research is a type of qualitative research, with the type of research used is library research (Library Research) or indirect observation. This research has the following results: Whereas in the PP it is stated that civil servant husbands must provide maintenance to their divorced wives, in which this income is provided according to established regulations. Meanwhile, in Maqashid Syariah, the maintenance given by the ex-husband to the ex-wife is as long as the ex-wife is carrying out the iddah period in talak raj'i.

MUT'AH IN MODERN MUSLIM FAMILY LAW ( Study of Legislation in Syria, Egypt and Indonesia )

The reality showed that there are still many injustices against women that can occur anywhere, including in the domestic sector, as well as in Muslim countries. Therefore reform of Muslim family law is seen as necessary because it plays an important role in the protection of women and children and the fulfillment of their rights. Mut’ah is a gift from a husband to his ex- wife after a divorce, including one of the areas reformed in a number of Muslim countries, including in Syria, Egypt and Indonesia. Mut’ah is a gift from a husband to his ex- wife after a divorce is one of the areas reformed in a number of Muslim countries including in Syria, Egypt and Indonesia. The results of the study found that there had been reform of Muslim family law regarding mut’ah in the three countries studied, namely Syria, Egypt and Indonesia. if in traditional literature( fiqh) the right of mut’ah is only obligatory to be given to a divorced wife before had sex and with a dowry that has not been given, but in the three countries studied regardless of whether the wife was divorced before had sex or after had sex and whether the dowry has been determined or not. In addition, in modern Muslim family law there are provisions for the maximum limit of mutah that a husband must give to his wife, such as the standard of living for three years in Syria and two years in Egypt while in fiqh it is determined that the maximum size of mut’ah is not to exceed half the mistsil dowry or the price of a slave.

Hambatan Pelaksanaan SEMA No. 2 Tahun 2019 terhadap Pemenuhan Hak-hak Perempuan Pasca Cerai Gugat di Pengadilan Agama Kabupaten Kediri

SEMA No. 2 of 2019 which accommodates SEMA No. 3 of 2018 and PERMA No. 3 of 2017 concerning guidelines for adjudicating women's cases in conflict with the law makes new legal protection for women seeking justice, including for divorced wives. Where it allows a divorced wife to ask for her rights after the divorce is sued, namely iddah living and mut'ah income. This rule serves as a guide for judges under the Supreme Court including the Religious Courts of Kediri Regency, but in its implementation, it has not been in accordance with the purpose of the presence of these rules, the focus of this research is to explore the inhibiting factors for the implementation of SEMA No. The Religious Court of Kediri Regency and the solution given by the judge to the divorced wife due to the husband's fault. The results of this study show that the inhibiting factor is the absence of the divorced husband which causes the rules to not be implemented, the absence of instructions from the chairman of the court that requires applying SEMA No. 2 of 2019, and the lack of knowledge of divorced wives about the law. The solution is to present the husband in court so that it can be considered by the judge to decide the divorce case as possible, and the judge also tries to make husband and wife get back together in the household. Because the essence of the Religious Courts is a place to repair husband-wife relationships that experience cracks in the household.

Pemenuhan Hak Perempuan Pasca Cerai Gugat

The presence of SEMA Number 2 of 2019 regarding the fulfillment of women's rights after a divorce, regarding its application at the Nganjuk Religious Court has not been carried out because there are several factors that hinder its implementation. This study uses the type of empirical legal research. This study uses an socio-legal approach, namely by knowing the facts that occur in the field, the source of the data used is primary through interviews with the Nganjuk Religious Court Judges and secondary data, namely SEMA No. 2 of 2019. The results of the research conducted show that the inhibiting factor in the implementation of SEMA No. 2 of 2019 regarding the fulfillment of women's rights after the divorce was contested, namely the absence of the husband when the divorce was contested, causing the rules not to be implemented, the absence of instructions from the head of the court who had to apply SEMA and the lack of knowledge of the divorced wife about the law, as well as the discrepancy between the Compilation of Islamic Law which requires implement the fulfillment of women's rights after a divorce.

A future educational role for the family to deal with the phenomenon of divorce in Jordan

The study aims to build a future educational role for the family to deal with the phenomenon of divorce that is by identifying the reasons leading to divorce from the point of view of divorced wives and husbands, the implications of divorce on both the wife and children, and the degree of difference in the reasons leading to divorce, according to gender, age, level of education and income for wives and divorced husbands in Jordan. The study population consisted of all divorce cases in the Kingdom in the last five years from 2012 to 2016, which number (24898) divorces. Based on this, the study recommends spreading awareness about the dangers of domestic violence and its repercussions leading to divorce, holding seminars on family issues and the rights of both husband and wife, and making them aware of the problems that both spouses may encounter.

Domestic Violence Current Legal Status: Psychiatric Evaluation of Victims and Offenders.

Domestic Violence Current Legal Status: Psychiatric Evaluation of Victims and Offenders.

'Iddah in the View of Islam and Feminists

This study examines Islamic concepts of 'Iddah (waiting period for a divorced wife) and how the Feminists view it. The aim is to comprehend the different perspectives and try to put the problem in the right position. This research is purely library research using a socio-philosophical approach. Data were obtained from literature, books, and available documents. Based on the results of the study, it can be concluded that in Islamic teachings 'iddah is intended to determine the status of the womb, whether pregnant or not, to avoid mixing the lineage of the expecting baby. This is different from the view of the feminists who think that the provision regarding 'iddah is a product of a patriarchal culture that marginalizes women as it only applies to women, and not to men. This feminist view is based on the spirit of equality before the law which demands equal rights and obligations. The view, however, needs to be reviewed as the provision of 'iddah does not necessarily mean ignoring the principle of equality between men and women. Men and women by nature are created with different physical and emotional characters according to their respective roles. Even if such a view is applied, new problems will arise and damage the order of human culture universally

People's Understanding of the Off-Court Talak (Case Study in Nagari Koto Tuo, IV Nagari District, the Sijunjung Regency)

This study describes the understanding of the people of Nagari Koto Tuo, IV Nagari District, The Sijunjung Regency about divorce (talak) outside the Religious Court. Ideally, with the enactment of Law No. I of 1974 on marriage, talak should be decided in the Religious Court. However, this ideal procedure does not apply effectively in Nagari Kuto Tuo. Although the local settlement is not distant to the local Religious Court and the access for transportation is easy, many husbands recklessly decide to divorce their wives at home during the dispute between them without registering their lawsuits to the court. The purpose of this study is to lower the off-court divorce rate and raise legal awareness of the public about the importance of following the prevailing regulation regarding divorce in Indonesia. This is important because divorces decided without statutory procedures have adverse impacts, especially for women and children. This study uses a qualitative approach, with the divorced wives being the subject of the study. The data collection techniques include observation, interviews and documentation. Data validity techniques follow the triangulation method, whereas data analysis is performed through the following steps: data collection, data reduction, data presentation and conclusion drawing. This study found that the understanding of the people in Nagari Koto Tou about divorce is shaped by classical Islamic jurisprudence (fiqh) that posits husband to have the absolute right to divorce. With this absolute right, husbands can decide to divorce their wives whenever and wherever they want without being bothered to consider registering it formally to the local Religious Court. The divorced wives are left in despair without any power to defend her right. This provision on divorce is considered indisputable let alone contested. As a consequence, this off-court divorce generally leaves women traumatized, making many of them unwilling to get another marriage. This trauma partly contributes to the number of off-court marriages, for they do not see its importance. Legal certainty obtained from the court's verdict of divorce as recorded by the divorce certificate is deemed unnecessary, for they would not remarry in the future

ANALISIS PELAKSANAAN PUTUSAN PERADILAN AGAMA TERHADAP NAFKAH PERCERAIAN DALAM PRESPEKTIF HUKUM NASIONAL DAN HUKUM ISLAM BAGI PNS

Decisions can be executed if, a court decision contains an order for one of the parties to pay a sum of money or vacate a permanent object. Usually, divorce cases that occur will punish the husband to make a payment of some money as a living for the divorced wife after the Religious Court Judge decides. The penalty is in the form of giving 1/3 (one third) of the salary given to the ex-wife and 1/3 (one third) of the others assigned to his child. Based on Government Regulation No. 10 of 1983 jo Government Regulation No. 45 of 1990, the penalty applies to husbands who work as Civil Servants (PNS). In some case adoption of decisions, often not going well even not implemented. Therefore, many respondents demanded the Petitioner to provide several divorce wages, such as mut' ah payments for livelihoods, iddah income, and Ahmadiyah livelihoods, which were carried out before the promise of divorce was pronounced and had to make a living. For sacrifice after the execution of the divorce agreement is canceled. The Panel of Judges will grant such a request, but this request is not for civil servants. So, the authors conducted research using the juridical-normative method to examine the source of law in the Regulations stated in the Religious Court decision. The results obtained that the panel of judges in their decision view that the regulation is only an administrative requirement in each government agency.

Happenings and Story: A Response to Dan Shen's “Covert Progression”

Happenings and Story: A Response to Dan Shen's “Covert Progression”

TANGGUNG JAWAB NAFKAH OLEH SUAMI PNS BERAGAMA ISLAM TERHADAP ISTRI YANG DICERAI BERDASARKAN PP NO 10 TAHUN 1983 Di Wilayah Hukum Pengadilan Tinggi Agama Padang

Nafkah is all someone's expenses for people who are responsible for meeting the basic needs needed. Nafkah is divided into two, namely a living for oneself and Nafkah for others. One of the Nafkah for other people is to the wife as a result of marriage. Thus nafkah has a mandatory legal basis. The author uses this type of empirical juridical research, namely a study that uses materials or secondary data as initial data, then continues with primary data. The problems discussed in this paper are How is the responsibility of a husband of Muslim civil servants to divorce wives according to PP. 10 of 1983 regarding marriage and divorce for civil servants, how judges consider the responsibility for living by the husband of a Muslim civil servant towards divorced wives And How is the View of Islamic Law on PP No. 10 of 1983 and the decision of the Religious Court judge regarding the responsibility for nafkah by the husband of Muslim civil servants towards divorced wives. In this paper, the result of research is that the judge is of the opinion that this rule is not directly related to the case settlement process in court, but seen from the arguments presented in the text, it is not explained that there is a determination of the amount and period for providing nafkah, there is the way to do ijtihad or legal discovery for the sake of there is benefit.

The Model of Implementation 0f Property Distribution After Divorce of Local Wisdom Perspective in Madura

This study's purpose is to reveal and determine the implementation model of the distribution of marital property after divorce from the perspective of Madurese local wisdom. This research uses the empirical juridical method; according to Ronny Hanitijo Soemitro, a law that is empirically a symptom of society, on the other hand, can be studied as a variable (independent variable) which causes consequences on various aspects of social life. In social studies, the law is not conceptualized as an independent (autonomous) normative phenomenon, but as social institutions which are associated in real terms with other social variables. The results of this study are: a model for the implementation of post-divorce marital property distribution in the perspective of Madurese local wisdom, with the wisdom of distributing marital assets after divorce by distributing them into several models or forms as follows: (1) following the distribution model according to the positive legal arrangement of Indonesia, namely what is regulated in state law and is decided by the Religious Court, that the distribution of marital assets, namely widows or divorced widowers, each has the right to a half of the marital assets as long as it is not stipulated otherwise in other agreements in marriage. Meanwhile, based on the Article 37 of Law Number 1 the Year 1974 concerning the marriage, if the marriage breaks up due to divorce, marital assets is regulated according to their respective laws. Meanwhile, according to the Civil Code (KUH Perdita), Article 128, after the dissolution of marital assets, their marital assets are divided between husband and wife, or between their heirs, without question of which party the goods originated from. (2) the post-divorce model of the distribution of marital assets in the perspective of Madurese local wisdom is based on the wisdom of each individual soul or soul of a divorced husband and wife. The wisdom of each of these minds or souls is partly rooted in the Madurese community, which in this paper is called wisdom. As part of local wisdom in Madura, the distribution of marital assets is carried out by means of mediation (abeq remember) attended by community leaders.

Konsep Hukum Penyelesaian Sengketa Harta Bersama di Indonesia (Analisis Perkara No.195/Pdt.2013/PA.Mtr, Putusan No.04/Pdt.G/2014/PTA.Mtr, dan Putusan No.629 K/Ag/2014)

This paper argues that a judge has a huge impact on solving a dispute of a joint wealth for a divorced couple in Indonesia as the judge has his/her own way to establish justice in allocating the wealth not only for the divorced husband, but more importantly for the divorced wife equally. This article bases this argument on normative resources of Islamic law about the joint wealth of the divorced couples and on western views about the same issue, and compare them to the case of this issue brought in the Mataram Religious Court, in the Mataram High Religious Court, and in the national Supreme Court. Keywords: joint wealth dispute, solution, normative views of the joint wealth, and a case study of the dispute in the Mataram Religious Court.

Maintenance to Muslim Divorced Women: An Overview

In common parlance the term Maintenance implies basic necessities of life which a person requires for the survival. Under the Muslim Law, the term ‘maintenance’ is called as ‘Nafaqa’ in Arabic terminology the term maintenance stand for the very word nafaqa which includes food, clothing, dwelling and other necessary articles, necessary for the livelihood and comfort of a woman. Under other personal laws a divorced wife is entitled to maintenance until her remarriage or indulgence in post-divorce adultery. But the Muslim law does not provide for any maintenance to a divorced wife after the period of Iddat. In case of Shah Bano when the controversy regarding the maintenance of divorced wife after iddat period is arose and Protection of Muslim Women Rights Act ,1986 was enacted in which there was a provision to pay a handsome and reasonable amount to a divorced wife by a hasband till the compilation of iddat period. The said provision backed by the holy Quranic provision in which the term “MATA” is used which implies handsome and reasonable amount for a divorced wife so that she can live her life after divorce in a dignity full manner. With respect to maintenance of divorce wife under the Muslim Law, the right of maintenance commences on divorce or when she comes to know of the divorce and ceases on the death of her husband, as her right of inheritance supervenes. In other cases where husband is alive and has divorced the wife, she can claim maintenance only during the Iddat period and not beyond that. The widow is therefore, not entitled to maintenance during the Iddat period commencing after death of the Husband. This rule has been a bone of contention and on this count there has been a debate in a society as to uniformity of the personal laws. Before the enactment of Protection of Muslim Women Rights Act ,1986 in Muslim law it was very easy for the husband to get or to give divorce to the Muslim wife, he can very easily escape the liability of providing maintenance to the wife. As mentioned above it is no longer obligatory for the erstwhile husband to provide maintenance beyond Iddat period. In this paper explain and clarify Muslim women maintenance under Muslim Personal law.

The Concept of Mut’ah Granting After Divorce in Islam

Mut’ah is the gift of a former husband to his divorced wife in the form of money, goods, and so forth. Undeniably, mut’ah requests often become issues and problems among the people. Furthermore, the understanding and awareness of the mut’ah after the divorce is very poor and at the critical stage of understanding. In the meantime, the objective of this study is to help the people in deepening religious knowledge, especially regarding mut’ah giving to ex-wife. Hence, through this study it is also possible to elaborate the meaning of mut’ah after the divorce in Islam in depth. In line with the objectives to be achieved, the researcher has put forward some questions that are the subject of research to be carried out. Among the questions is what is the true meaning or concepts of giving mut’ah after divorce according to Islam? In addition, what is the mut’ah rate that should be accepted by ex-wife after divorce according to Islam? Hence, what a woman right to mut’ah. The findings of this study is used the type of qualitative methods. This enables researchers to obtain data or information on the granting of mut’ah after divorce in Islam more profoundly. Research information was obtained through library and data obtained through document analysis. The finding shows that the researcher can explain in more details the concept of mut’ah after divorce, according to Islam. Furthermore, it is possible to identify mut’ah rates that should be accepted by ex-wife after divorce according to Islam and women's rights in mut’ah acceptance.