Indonesian Journal of Law and Islamic Law (IJLIL)
Vol. 2 No. 2 (2020)

ANALISIS GENDER TERHADAP PERCERAIAN SUMPAH LI’AN DALAM PUTUSAN NOMOR 0918/Pdt.G.2019/PA.Bdw

Angga Tiara Wardaningtias (Fakultas Syariah IAIN Jember)
Inayatul Anisah (Fakultas Syariah IAIN Jember)



Article Info

Publish Date
21 Sep 2021

Abstract

The consequence of divorce by li’an vows is the breakup of the lineage of the child with his father and the end of the marriage forever. Bondowoso Religious Court is one of the Religious Courts that decide divorce by another oath. The judge's consideration in deciding the oath of allegiance by the legal basis in the Compilation of Islamic Law (KHI), namely article 162. However, submitting a child denial application is not following article 102 of the Compilation of Islamic Law. Decision number 0918 / Pdt.G.2019 / PA.Bdw exceeds the time limit allowed to apply for child denial. The Judge of the Religious Court has not yet used Perma No. 03 of 2017 on Guidelines for Judging Women's Matters Facing the Law, as a guideline for judging women in a conference. So that the understanding of gender is still lacking and even do not agree with the concept of gender. What is meant by injustice here is when one type of gender is better in its state, position, and position.

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Journal Info

Abbrev

ijl

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Indonesian Journal of Law and Islamic Law (IJLIL) (P-ISSN 2721-5261 and E-ISSN 2775-4621) is a journal through a review process published twice a year (June and December) by Sharia Faculty, State Islamic Institute of Jember. This journal emphasizes aspects related to law and Islamic law studies, ...