Kewajiban Nafkah Mut’ah Qobla Al-dukhul Perspektif Teori Hukum Progresif Sajipto Rahardjo

  • Hawa Hidayatul Hikmiyah Dosen Fakultas Hukum Universitas Islam Zainul Hasan Genggong
  • Ahmad Faisol Dosen Fakultas Hukum Universitas Islam Zainul Hasan Genggong

Abstract

The obligation to carry out a living mut'ah qobla dukhul has a good impact, because if the marriage relationship is forced to be terminated, then the good relationship with the ex-wife and her family must be maintained and maintained even though she has to give mut'ah, the gift must be done in a manner and politely without showing any nervousness of heart or contempt for the ex-wife. In addition, the gift of mut'ah by a husband to the Wife he has divorced is that the gift is expected to comfort or please the divorced wife and can be a living provision for the former wife, and also to cleanse the hearts of women and eliminate the worry of the man's contempt for her. This a law enforcement officer or a judge can rest on his own beliefs, not necessarily racing against the law. Using progressive law, judges dare to set a case regardless of the law while it is fair.

Keywords : Muth'ah, Qobla dukhul, Progressive Law

Published
2022-11-10
How to Cite
Hikmiyah, H., & Faisol, A. (2022). Kewajiban Nafkah Mut’ah Qobla Al-dukhul Perspektif Teori Hukum Progresif Sajipto Rahardjo. IUS : Jurnal Ilmiah Fakultas Hukum, 10(2), 114-135. https://doi.org/10.51747/ius.v10i2.1150

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