Kata kunci : Cerai Gugat, Nafkah Iddah, Maslahah, dan Putusan Pengadilan
Marzon Chan, Nim. 2011680001, Iddah's Right to Livelihood in Divorce
Case Suing Problem Perspective (Analysis of the Manna Religious Court Decision
Number 278/Pdt.G/2021/Pa.Mna)., Postgraduate Thesis (S2) Islamic Family Law
Study Program UIN Fatmawati Sukarno Bengkulu, 2022. Supervisor : Dr H John
Kenedi, SH, M. Hum and . Dr. Nenan Julir, Lc, M.Ag
Marriage is to foster a sakinah, mawaddah, and rahmah household life.
Having the goal of continuing the lineage in order to create good future generations,
it creates rights and obligations for wives and husbands. However, when rights and
obligations do not run in balance, disputes and quarrels often occur until divorce is
created. Divorce is divided into two, namely talak divorce and sued divorce. Divorce
talak is a divorce lawsuit filed by the husband, while a divorce lawsuit is a divorce
lawsuit filed by the wife. The burden of mut’ah and 'iddah maintenance is part of the
consequences of divorce written in article 149 of the KHI which occurs in talak
divorce. The imposition of mut’ah and 'iddah maintenance often causes irregularities
when it occurs in divorce cases. The judge decided on the decision to impose this
mut’ah and 'iddah income in a contested divorce case which means it deviates from
Article 149 of the KHI. This study was conducted to analyze the decision of the
Judge of the Manna Religious Court number: 278/Pdt.G/2021/PA.Mna in giving the
burden of mut’ah and 'iddah maintenance which is referred to as a result of divorce.
Therefore, there are two things that will be explored further in this research, namely
the consideration of the Judge of the Manna Religious Court in deciding the wife's
livelihood rights in the divorce case in the Manna religious court's decision Number
278/Pdt.G/2021/PA.Mna and the review of maslahah in the decision. the. This study
uses descriptive qualitative research and a sociological approach is applied through
data and statements obtained from the interaction between the researcher, the object
under study, and the people in the research place. The data analysis technique used is
data reduction which means unifying, determining the core data and focusing on
something important. The results of this study indicate that the judge's decision
above is contra legem but there are several analytical tools which suggest that it is
permissible to impose the burden of mut’ah and iddah living with the existence of
circular letter number 3 of 2018 as a reference that mut’ah and iddah living can be
given as long as wife does not do nusyuz. Determination of mut’ah and Iddah living
from the perspective of maslahah is included in the dhoruriyat benefit because when
the iddah income is not fulfilled it can result in disruption of 3 of the 5 basic needs
that must be guarded in Islam, namely: maintaining religion, preserving the soul,
maintaining reason.