Abd Rahman Dahlan, . and RR Dewi Anggraeni, . and Fathinuddin, . and Azizah, . and Nur Rohim Yunus, . and Aliyeva Patimat Shapiulayevna, . The Rights of Wife in Divorce in The Decision of Religious Courts in Indonesia and Sharia Courts in Malaysia. -.
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ARTICLE The Rights of Wife in Divorce in The Decision of Religious Courts in Indonesia and Sharia Courts in Malaysia.pdf Download (1MB) | Preview |
Abstract
Indonesia and Malaysia are predominantly Muslim countries and belong to the Shafii school of thought. Both have similarities with regard to the rights of the wife in divorce. This study aims to determine the rights of wives in a divorce based on the decisions of the Religious Courts in Indonesia, in this case, the Religious Courts of South Jakarta and the Sharia Courts in Malaysia, particularly the Sharia Courts in Kuala Lumpur federal region. The time period for this research object is limited to 2014-2016. The research method used is a qualitative method with a comparative approach and statute approach. The results of the study stated that the rights that a wife can receive in a divorce are the right to support iddah, mut'ah and hadhanah. However, in reality, court decisions regarding the rights of wives in divorce in Indonesia and Malaysia are different. The difference in the decision occurs in the event that the wife during the trial process does not request or demand her rights from the panel of judges. In Indonesia, judges have ex officio rights, so with these ex officio rights, especially in cases of talak divorce, judges grant the wife's rights even though the wife does not claim her rights as long as the respondent is always present in court. Whereas in Malaysia, the wife's rights must be requested from the panel of judges by the wife, because divorce is a request and agreement between the parties, so the panel of judges apart from not recognizing ex officio rights, also does not have the authority to grant the rights of the wife in a divorce without being asked. . Another difference in court decisions is that Malaysia has a special institution called BSK (Bahagian Support Keluarga). This institution functions to guarantee the implementation of the fulfillment of the rights of the wife contained in the judge's decision, especially with regard to the right to maintenance of ʻiddah and mutʻah, after the decision has permanent legal force. Meanwhile, Indonesia does not have an institution that performs this function. Keywords: Wife's Rights; Religious courts; Sharia Court; Ex officio rights
| Item Type: | Article |
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| Subjects: | K Law > K Law (General) |
| Depositing User: | Enas Nasrulloh |
| Date Deposited: | 01 Feb 2023 00:57 |
| Last Modified: | 01 Feb 2023 00:57 |
| URI: | http://repository.unpam.ac.id/id/eprint/10691 |
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