Jurnal Hukum Keluarga Islam
Vol. 1 No. 1 Mei 2023

Pemberian Nafkah Iddah dan Mut’ah Akibat Pembatalan Nikah karena Murtad

M. Khoirur Rofiq (Universitas Islam Negeri Walisongo Semarang)
Siti Fauzizah (Universitas Islam Negeri Walisongo Semarang)
Najichah Najichah (Universitas Islam Negeri Walisongo Semarang)



Article Info

Publish Date
31 May 2023

Abstract

Apostasy in Indonesian marriage law can be the reason for the termination of a marriage through divorce or Fasakh (annulment of marriage) as in 2 decisions of Pengadilan Agama Kendal Nomor 2186/Pdt.G/2019/PA.Kdl dan 1727/Pdt.G/2020/PA.Kdl. Initially, both were divorce cases which were decided by the panel of judges based on the ex officio rights of the judge. Fasakh decision is because one of the husband and wife apostates and determines the iddah and mut’ah expenses. This research includes legal research with a juridical and case approach. The results of this study are (1) Judges use ex officio rights in deciding divorce cases due to apostasy being a marriage phase according to the judge's interpretation in addition to the lack of clarity of marriage marriage law because of apostasy in Indonesian marriage law. (2) The determination of the iddah income due to the marriage phase is analogous to the iddah income due to talak divorce (proposed by the husband) and the wife is not nusyuz. As for the determination of mut’ah living due to apostasy due to apostasy, it is equated with the provisions of mut’ah living due to divorce on the condition that the wife has intercourse and is not nusyuz. 

Copyrights © 2023






Journal Info

Abbrev

qanun

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Qanun aims to serve as an academic discussion ground on the development of Islamic Family Law and gender issues. It is intended to contribute to the long-standing (classical) debate and to the ongoing development of Islamic Family Law and gender issues regardless of time, region, and medium in both ...