Mubadalah Values in Plaintiff's Divorce Cases in the Religious Courts of Lampung Province and its Contribution to the Development of Indonesian Family Law

This article examines the problem of the judge's granting of a divorce suit filed by the wife on the grounds that the husband committed polygamy in the Religious Court of Lampung Province. The focus of the research is to understand the legal basis used by the judge in deciding the divorce suit, as well as the mubadalah values contained in the decision and its contribution to the development of Indonesian family law. The research method used is a qualitative approach with an in-depth analysis of the case, involving interviews with judges as participants and data collection through the study of decision documents. Primary data was obtained from direct interviews, while secondary data was collected from relevant literature on polygamy and Islamic family law. The results showed that mubadalah values, which emphasize gender equality, play an important role in judges' decisions, where the application of the principles of mutual respect and justice for wives is prioritized. In addition, the contribution of these values is seen in the development of Indonesian family law that is more inclusive and responsive to gender issues. Thus, this study explains that the mubadalah theory is not only a legal basis for decision-making but also contributes to positive changes in family law in Indonesia.Keywords: Divorce Lawsuit, Family Law, Mubadalah, Religious Court, Polygamy

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Publication Details

Journal
SMART Journal of Sharia Traditon and Modernity
Published
2024-12-31
DOI
https://doi.org/10.24042/smart.v4i2.20016
Citations
1
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
4.07
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article

Mubadalah Values in Plaintiff's Divorce Cases in the Religious Courts of Lampung Province and its Contribution to the Development of Indonesian Family Law

Diah Ayu Aprilia
1 citations
SMART Journal of Sharia Traditon and Modernity
Legal Studies and Policies
4.07
article

Mubadalah Values in Plaintiff's Divorce Cases in the Religious Courts of Lampung Province and its Contribution to the Development of Indonesian Family Law

Diah Ayu Aprilia
article en
1 citations

Abstract

This article examines the problem of the judge's granting of a divorce suit filed by the wife on the grounds that the husband committed polygamy in the Religious Court of Lampung Province. The focus of the research is to understand the legal basis used by the judge in deciding the divorce suit, as well as the mubadalah values contained in the decision and its contribution to the development of Indonesian family law. The research method used is a qualitative approach with an in-depth analysis of the case, involving interviews with judges as participants and data collection through the study of decision documents. Primary data was obtained from direct interviews, while secondary data was collected from relevant literature on polygamy and Islamic family law. The results showed that mubadalah values, which emphasize gender equality, play an important role in judges' decisions, where the application of the principles of mutual respect and justice for wives is prioritized. In addition, the contribution of these values is seen in the development of Indonesian family law that is more inclusive and responsive to gender issues. Thus, this study explains that the mubadalah theory is not only a legal basis for decision-making but also contributes to positive changes in family law in Indonesia.Keywords: Divorce Lawsuit, Family Law, Mubadalah, Religious Court, Polygamy

SMART Journal of Sharia Traditon and ModernityVol. 4(2)
Lampung University (ID)
Openalex Percentile: Top 5%
Legal Studies and Policies
4.07
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Mubadalah Values in Plaintiff's Divorce Cases in the Religious Courts of Lampung Province and its Contribution to the Development of Indonesian Family Law — Diah Ayu Aprilia · SMART Journal of Sharia Traditon and Modernity (2024) | TGRS Research Map | TGRS