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The Rights Wife After Divorce During The Iddah Perioda Comparative Study According To The Hanafi And Shafi’i Schools Of Islamic Jurispudensce
M Isa Aenuz Zaman - Personal Name
Divorce is one of the legal events in marriage that causes various legal consequences, especially for the rights of the wife after the breakup of the marital relationship. In practice, there are still differences in understanding the fulfillment of wife's rights after divorce, both related to iddah, mut'ah, maskan, kiswah, and other rights. This difference is also seen in the views of the fiqh schools, especially the Hanafi school and the Shafi'i school. This study aims to find out the views of the two schools regarding the rights of wives after divorce, their similarities and differences, and their relevance to Islamic family law in Indonesia.
This study uses normative legal research methods with a comparative approach. The data sources used are primary, secondary, and tertiary legal materials obtained through literature studies. The research was conducted by examining the Qur'an, hadith, fiqh books, laws and regulations, Compilation of Islamic Law, as well as various journals and literature related to the rights of wives after divorce according to the Hanafi School and the Shafi'i School. The data obtained were then analyzed descriptive-analytically to compare the legal basis and istinbath methods used by the two schools.
The results of the study show that the Hanafi School and the Shafi'i School have similarities in recognizing certain rights for wives after divorce, such as iddah maintenance in talaq raj'i and the obligation to undergo the iddah period. However, there are differences of opinion regarding the provision of mut'ah, maintenance for wives in talaq bain, as well as the right of residence and kiswah. The Hanafi school tends to provide broader protection for the economic rights of the wife, while the Shafi'i school is more limited in the granting of rights based on the type of talaq and the condition of the wife. These differences are influenced by the method of legal istinbath used by each sect, including the use of istihsan in the Hanafi school and the emphasis on qiyas and hadith in the Shafi'i school.
This study uses normative legal research methods with a comparative approach. The data sources used are primary, secondary, and tertiary legal materials obtained through literature studies. The research was conducted by examining the Qur'an, hadith, fiqh books, laws and regulations, Compilation of Islamic Law, as well as various journals and literature related to the rights of wives after divorce according to the Hanafi School and the Shafi'i School. The data obtained were then analyzed descriptive-analytically to compare the legal basis and istinbath methods used by the two schools.
The results of the study show that the Hanafi School and the Shafi'i School have similarities in recognizing certain rights for wives after divorce, such as iddah maintenance in talaq raj'i and the obligation to undergo the iddah period. However, there are differences of opinion regarding the provision of mut'ah, maintenance for wives in talaq bain, as well as the right of residence and kiswah. The Hanafi school tends to provide broader protection for the economic rights of the wife, while the Shafi'i school is more limited in the granting of rights based on the type of talaq and the condition of the wife. These differences are influenced by the method of legal istinbath used by each sect, including the use of istihsan in the Hanafi school and the emphasis on qiyas and hadith in the Shafi'i school.
Ketersediaan
| 88/PMH/2026 | 88/PMH/2026 | Perpustakaan FSH Lantai 4 | Tersedia |
Informasi Detil
Judul Seri
-
No. Panggil
88/PMH/2026
Penerbit
Fakultas Syariah dan Hukum : UIN Syarif Hdayatullah Jakarta., 2026
Deskripsi Fisik
ix,82 hal; 28 cm
Bahasa
English
ISBN/ISSN
-
Klasifikasi
88/PMH/2026
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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