Tinjauan Hukum Islam Terhadap Akibat Hukum Perceraian Karena Ketidakmampuan: Suami Menafkahi Istri

Abstract

Divorce is one of the failures in achieving noble goals in marriage. Divorce in the household can cause legal consequences. This writing aims to understand the legal consequences of the decision of the Religious Courts regarding divorce due to the husband’s inability to provide for his wife with case number: 1570/Pdt.G/2020/PA.Kra. The type of research in this research is normative law. The author uses qualitative data analysis techniques and data collection techniques in the form of library research (Library Research). The results of this study explain some of the legal consequences of divorce in the decision of the Religious Courts with case number: 1570/Pdt.G/2020/PA.Kra. The results of the discussion can be concluded that the legal consequences of divorce due to the husband’s inability to provide for his wife with case number: 1570/Pdt.G/2020/PA.Kra, the first is causing the marital bond between husband and wife to be broken/fasakh by law, with divorced one ba’in shughro, so that both of them were unable to return to their husband and wife’s life as before when they were married, then the custody or control of the children fell to the Plaintiff because the child is still under the age of the mother, but the maintenance costs are still borne by the father. The legal consequences of divorce due to the husband’s inability to provide for his wife are not regulated in the Compilation of Islamic Law in detail. However, if the wife submits a lawsuit in the form of paying iddah living and it is granted by the Court as long as the wife is not nusyuz or disobedient to her husband, then the husband is obliged to pay the iddah living or an obligation of the ex-husband to the divorced ex-wife.