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PENDAPAT EMPAT IMAM MAZHAB FIKIH DAN HAKIM PENGADILAN AGAMA KOTA PALANGKA RAYA TENTANG PENETAPAN MASA IDAH WANITA YANG DI CERAI

H. Ahmad Syaikhu, Munasir Munasir

Abstract


In the case of the initiation of divorced woman by her husband fixation period, there is a conflict between the provision of Four Imams opinion sectandthe positive law which is happening in Indonesia. Therefore, there is a problemabout either following the Four Imamsor the existing law in Indonesia. Moving on from the case, the writer pours it in a research “The Fixation Period Settlement of Divorced Woman in The Perspective of Four Imams Fiqh Sect and The Judge of Religious Courts of Justice of Palangka Raya”. The result of the studyis that the initial fixation period according to the Four Imams sect is since the speech of divorce or “talak” by a husband to his wife, although if it is said at home. Since the present time, the fixation period is begun. It is according to Q.S. al-Baqarah verse 228. And then,the fixation period according to the judges of religious court of justice of Palangka Raya is since the verdict of the judges to the husband to “talak” or says the pledgein a court session. So, ever since that period the fixation period of divorced woman by her husband is begun. It is according tothe Law No. 9 year 1975 article 39 verse 3 about Law Execution, and Law No. 1 Year1974 about marriage: "For the marriage broke up because of divorce, the waiting time limit shall be calculated from the fall of the decision of the Court who have binding legal force, while the marriage broke up because of death, the waiting time limit is calculated from the death of her husband.”

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