IJTIHAD HAKIM DALAM MENENTUKAN KADAR MUT’AH DAN NAFKAH ‘IDDAH

Abstract

ABSTRACT

This writing aimed to find out the basis of judges’ ijtihad in deciding the levels of mut’ah and iddah expenses and how to pay mut’ah and maintenance when pledging divorce in the Religious Courts.  In this study, the author used an empirical qualitative approach and this type of research was field research.  Sources of data used were primary and secondary data.  The data collection method used in this research was the interview and documentation method.  The data analysis technique used were data reduction, descriptive and conclusion drawing techniques.  The results of this study indicated that: First, some of the principles used by Judges of the Religious Courts of Kediri District in determining the level of Mut’ah and ‘Iddah’ income include: 1) facts of the trial, 2) the length of the age of marriage, and 3) the ability of the husband.  Second, the submission of Mut’ah and ‘Iddah’ maintenance is carried out at the time of the divorce pledge.  What has been notified by the chairman of the panel of judges at the previous trial, is that the assets of Mut’ah and ‘Iddah’ expenses according to the decision of the panel of judges are brought during the trial for reading the divorce vows.

Keywords: Judges’ Ijtihad, Mut’ah, ‘Iddah Expenses.