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ISLAMIC LAW VIEWS ON THE APPLICATION OF THE PRINCIPLE OF MAKING DIVORCE DIFFICULT IN SEMA NUMBER 1 OF 2022 (A Case Study of Decision Number 492/Pdt.G/2023/PA. Pn)
Najwan Salim Irfani - Personal Name
This study aims to find out the Maqasid Shariah view of the principle of making divorce difficult in SEMA Number 1 of 2022, and the Maqasid Shariah view of the principle of making divorce difficult in Decision Number 492/Pdt.G/2023/PA.Pn.
This research is empirical research using a sociological juridical approach that examines how the law works in society, with a statute approach and case study approach. Primary sources of material are SEMA Number 1 of 2022, Decision Number 492/Pdt.G/2023/PA.Pn, Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. The sources of secondary legal materials are books, journals, and research results related to the research theme. The data collection technique in this research is done through literature study.
The results of this study indicate that the principle of making divorce difficult in SEMA Number 1 of 2022 which emphasizes a minimum separation period of 6 months to be able to divorce by situation with Islamic law because it can fulfill the five main elements of Maqasid Shariah which guide the creation of overall human welfare, but the principle of making divorce difficult changes to be incompatible with Maqasid Shariah law when applied in Decision Number 492/Pdt. G/2023/PA.Pn, the judge in his decision rejected the request for divorce because the judge considered that the two parties had not fulfilled the requirements of being separated for at least 6 months, on the other hand the judge did not consider the main reason for the Petitioner to file a divorce petition, namely the affair committed by the Respondent which showed the condition of the household of both parties had been destroyed (broken marriage), conditions like this will only add to the ugliness between the two and make the five main elements of Maqasid Shari'ah unfulfilled. Therefore, the principle of making divorce difficult in SEMA Number 1 of 2022, which was originally in accordance with Maqasid Shari'ah law, becomes inappropriate when applied in Decision Number 492/Pdt.G/2023/PA.Pn.
This research is empirical research using a sociological juridical approach that examines how the law works in society, with a statute approach and case study approach. Primary sources of material are SEMA Number 1 of 2022, Decision Number 492/Pdt.G/2023/PA.Pn, Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. The sources of secondary legal materials are books, journals, and research results related to the research theme. The data collection technique in this research is done through literature study.
The results of this study indicate that the principle of making divorce difficult in SEMA Number 1 of 2022 which emphasizes a minimum separation period of 6 months to be able to divorce by situation with Islamic law because it can fulfill the five main elements of Maqasid Shariah which guide the creation of overall human welfare, but the principle of making divorce difficult changes to be incompatible with Maqasid Shariah law when applied in Decision Number 492/Pdt. G/2023/PA.Pn, the judge in his decision rejected the request for divorce because the judge considered that the two parties had not fulfilled the requirements of being separated for at least 6 months, on the other hand the judge did not consider the main reason for the Petitioner to file a divorce petition, namely the affair committed by the Respondent which showed the condition of the household of both parties had been destroyed (broken marriage), conditions like this will only add to the ugliness between the two and make the five main elements of Maqasid Shari'ah unfulfilled. Therefore, the principle of making divorce difficult in SEMA Number 1 of 2022, which was originally in accordance with Maqasid Shari'ah law, becomes inappropriate when applied in Decision Number 492/Pdt.G/2023/PA.Pn.
Ketersediaan
| 029/PMH/2025 | 029/PMH/2025 | Perpustakaan FSH Lantai 4 | Tersedia |
Informasi Detil
Judul Seri
-
No. Panggil
029/PMH/2025
Penerbit
Fakultas Syariah dan Hukum : UIN Syarif Hidayatullah Jakart., 2025
Deskripsi Fisik
vii,67 hal; 28 cm
Bahasa
English
ISBN/ISSN
-
Klasifikasi
029/PMH/2025
Informasi Detil
Tipe Isi
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Tipe Media
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Tipe Pembawa
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Edisi
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Info Detil Spesifik
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Pernyataan Tanggungjawab
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