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

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