The Acceptability of Active Judge Principle in Divorce Talak Cases of Religious Courts at Madura to Assure the Wife s Rights

Abstract

In divorce thalaq (talak) trial, a wife as the defendant sometimes stays silent and surrendering probably because not knowing the rights she can struggle to get such as child living allowance, iddah, mut ah, and joint property. Consequently, she may lose her rights because the judges cannot decide more than the divorce. The result of this study shows as follow; first, the judges in Religious Courts of Madura accept the active judge principle on divorce thalaq cases even though in limited use. The acceptability itself is based on a legislation which gives an ex officio right. Second, the implementation of active judge principle in divorce thalaq cases in fulfilling the wife s rights is through some ways. They consist of telling her any rights after divorce she can sue from the husband, asking her to concern on her rights during hearing process, always fulfilling her rights in its verdict (ex officio) due to her presence in the hearing and her status out of nusyuz condition, and also delaying the divorce pledge session for six months if the husband has not fulfilled the verdict yet.