Jumaidi, Ahmad (2024) Pemberian 1/3 Gaji PNS untuk Mantan Istri Perspektif Hukum Positif dan Maqashid Syariah (Analisis Putusan Nomor 15/Pdt.G/2022/PA.Tte). Tesis, Pascasarjana.

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ABSTRAK

The imposition of obligations on a husband, a Civil Servant (PNS) as stipulated in Government Regulation No. 10 of 1983 conjunction with Government Regulation No. 45 of 1990, to allocate a portion of his salary to his former wife raises questions regarding the understanding of wives' rights in the context of divorce according to Islamic Law norms. The inconsistency between the decree of religious courts and Islamic Law norms highlights the tension between the two underlying legal systems. In the divorce decree Number 15/Pdt.G/2022/PA.Tte., considering the husband's status as a Civil Servant (PNS), the judge referred to Government Regulation No. 10 of 1983 conjunction with Government Regulation No. 45 of 1990. In the ruling, the judge established obligations for the husband, including iddah and mut'ah maintenance, amounting to 1/3 of his received salary to support his former wife, even though the Plaintiff did not file claims regarding maintenance and the division of 1/3 of her former husband's salary. This decree is intriguing for examination as it is deemed contradictory to the existing Islamic Law norms within the judge's decree. The judge determined that a husband faced with a divorce claim must allocate 1/3 of his income to his wife, without considering Islamic Law norms governing the rights of wives after divorce. This research aims to understand decree Number 15/Pdt.G/2022/PA.Tte, which grants 1/3 of the ex-husband's PNS salary to the former wife, and analyze the provision of 1/3 of the PNS salary for the former wife from the perspectives of positive law and Islamic law specifically from perspective of maqashid sharia. This research is juridical normative, adopting a case approach and analytical approach. The object of this study is the considerations of the judge who granted 1/3 of the PNS ex-husband's salary to the former wife, analyzed from the perspectives positive law and maqashid sharia. In the divorce decree Number 15/Pdt.G/2022/PA.Tte, the Plaintiff requested the court to grant Irrevocable divorce of minor degree (ba'in shughra). The court's verdict, although referring to Government Regulation No. 10 of 1983 and No. 45 of 1990 for the provision of 1/3 of the PNS salary, is considered not in line with Islamic law, contrary to the principles of justice in society, and conflicting with maqashid sharia, especially in aspects of religious and financial maintenance.

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