Implementasi Pemenuhan Hak Perempuan pada Perkara Perceraian di Mahkamah Syar’iyah Banda Aceh

Abstract

Abstract: In every marriage, there are times when there are problems in the household, there are times when the problems can be resolved well and there are also times when they cannot be resolved well. So, the only way for problems that cannot be resolved well is through divorce. There are two types of divorce, namely talak divorce and lawsuit divorce. In every divorce, every husband has the right to provide support to his wife in the form of mut'ah income, madhiyah income, iddah income and hadhanah income. In demanding her rights, the divorced wife gets protection from the rules contained in PERMA No. 3 of 2017 and is accommodated by SEMA No. 2 of 2019 in divorce cases at the Banda Aceh Syar'iyah Court regarding the fulfillment of women's rights in divorce cases. In Islam it is also regulated that every husband who divorces his wife has the right to give his wife her rights as stated in the QS. At-Talaq verses 1-6. The method used in this research is a normative juridical method and field study at the Banda Aceh Syar'iyah Court. The results of this research show that after a divorce occurs, women's rights, especially income, are guaranteed in the Marriage Law, as well as the issuance of Perma number 3 of 2017. Then, according to Islamic law, the ex-husband has the obligation to provide iddah and hadhanah support to his wife and children, mut'ah maintenance for women who are divorced, as well as dowry debts that must be repaid immediately.

Keywords: Women's Rights After Divorce, Positive Law, Islamic Law.