Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : PALITA: Journal of Social - Religion Research

PERLINDUNGAN HAK-HAK PEREMPUAN PASCA PERCERAIAN (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA PALOPO) Marwing, Anita
PALITA: Journal of Social - Religion Research Vol 1, No 1 (2016): PALITA
Publisher : Lembaga Penelitian dan Pengabdian pada Masyarakat (LP2M) IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article aims to determine the women rights in Islam, in post-divorces and in knowing the analysis of judges’ decision in Palopo Religious Court regarding the women rights after divorcing. The findings showed that the judges decision regarding the rights of women were concluded as follows; 1) the contested or talak divorce cases by verdict judgment did not cover the wives rights in which judges presumption should not decide the case on the outside of the charge materials (ultra-petition). So that, the judge did not have the courage to assign or guarantee legally the women rights after divorcing such as Muta, child custody, property rights if not being the charge materials. 2) The contested divorce cases did not cover any lawsuit regarding the wives rights. Although the judge had the ex officio rights in determining the wives rights whether requested or not, the judges of Palopo Religious Court were just in case of the cause of divorce where the husband and wife were not willing to be divorced. So, the judges utilized their ex officio rights to punish the husbands for providing Muta according to their ability and feasibility. 3) In reconvenes decision, it was clearly mentioned the wives rights in the judges’ decision in which they are Iddah living, Mutah, past living, and the child costs. At the living Iddah costs, it was decided by Palopo Religious Courts Palopo that it is not in the same nominal amount. It is also similar with the Mutah and children costs.
PERLINDUNGAN HAK-HAK PEREMPUAN PASCA PERCERAIAN (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA PALOPO) Marwing, Anita
PALITA Vol 1, No 1 (2016): PALITA
Publisher : IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/pal.v1i1.84

Abstract

AbstractThis article aims to determine the women rights in Islam, in post-divorce and in knowing theanalysis of judges’ decision in Palopo Religious Court regarding the women rights afterdivorce. The findings showed that the judges decision regarding the rights of women wereconcluded as follows; 1) the contested or talak divorce cases by verdict judgment did not coverthe wives rights in which judges presumption should not decide the case on the outside of thecharge materials (ultra-petition). So that, the judge did not dare to assign orguarantee the women rights legally after divorcing such as Mutah child custody, property rightsif not being the charge materials. 2) The contested divorce cases did not cover any lawsuitregarding the wives rights. Although the judge had the ex officio rights in determining the wivesrights whether requested or not, the judges of Palopo Religious Court were just in case of thecause of divorce where the husband and wife were not willing to be divorced. So, the judgesutilized their ex officio rights to punish the husbands for providing Mut an according to theirability and feasibility. 3) In reconvenes decision, it was mentioned the wives rights in thejudges’ decision in which they are Iddah living, Mutah, past living, and the child costs. At theliving Iddah costs, it was decided by Palopo Religious Courts Palopo that it is not in the samenominal amount. It is also similar to the Mutah and children costs.