Judge’s consideration of post-divorce rights (‘iddah and mut’ah) from the perspective of maslahah mursalah

Sholikhah, Amaliatus and Jamilah, Jamilah ORCID: https://orcid.org/0009-0005-8408-4401 (2023) Judge’s consideration of post-divorce rights (‘iddah and mut’ah) from the perspective of maslahah mursalah. SAKINA: Jurnal of Family Studies, 7 (1). pp. 111-123. ISSN 2580-9865

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Abstract

The absence of clear regulations regarding determining the amount of postdivorce rights (‘iddah and mut’ah) in both positive and Compilation of Islamic law has resulted in the judge's consideration being needed for justice. This study aims to identify the judge’s steps in determining the difference in post-divorce rights and examine the judge's steps in determining the difference in post-divorce rights, and analyze the status of determining alimony as a result of divorce according to maslahah mursalah. This research uses empirical field research with a qualitative descriptive approach. Methods of data collection through interviews with judges of the Religious Court of Lumajang. The results of this study are that the legal basis for judges determining maintenance due to divorce is due to demands from the parties and is also a provision contained in Article 149 of the Compilation of Islamic Law. As for the judge's steps in determining it, it is by considering the economic facts of the parties and also looking at the goodness of his wife while they were married. The determination to live due to this divorce is a maslahah that occupies the maslahah dharuriyat level, including daily needs.

Item Type: Journal Article
Keywords: judge’s consideration; post-divorce rights; maslahah mursalah
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012801 Pernikahan (Secara Umum)
18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012807 Talaq & Khulu' (Divorce)
18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012810 'Iddah (Waiting Period)
Divisions: Graduate Schools > Doctoral Programme > Graduate School of Interdisciplinary Islamic Education
Depositing User: Jamilah Jamilah
Date Deposited: 24 Oct 2023 13:05

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