The Juridical Study Of The Husband Whose Existence Is Unclear (Mafqud) As A Reason For Divorce (Study Of Decision Number 32/Pdt.G/2019/PA.Pyb In The Panyabungan Religious Court)

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The Juridical Study of the Husband whose existence is unclear (Mafqud) as a reason for divorce (Study of Decision Number 32/Pdt.G/2019/PA.Pyb in the Panyabungan Religious Court)

Introduction

Marriage is a sacred bond between a man and a woman, aimed at building a happy and eternal family, based on the principles of God Almighty. Ideally, the purpose of a marriage is to create a harmonious and lasting shared life. However, in reality, many couples face problems that ultimately lead to divorce, preventing the achievement of the marriage goals. One factor that often causes divorce is the unclear existence of a husband, known as "Mafqud." This paper will discuss the juridical study of Mafqud's husband as a reason for divorce, as discussed in decision number 32/Pdt.G/2019/PA.Pyb in the Panyabungan Religious Court.

Background of the Study

Marriage is a fundamental institution in Islam, and it is considered a sacred bond between a man and a woman. The purpose of marriage is to create a harmonious and lasting shared life, based on the principles of God Almighty. However, in reality, many couples face problems that ultimately lead to divorce. One factor that often causes divorce is the unclear existence of a husband, known as "Mafqud." Mafqud is a term used in Islamic law to describe a husband whose existence is unclear, and it is considered a valid reason for divorce.

Methodology

This study used a combined method of normative and empirical research. Normative research is conducted by analyzing secondary data such as books and relevant laws and regulations. Meanwhile, empirical research is focused on the analysis of the decision taken by the Panyabungan Religious Court. The data collection method used is a literature study, which aims to explore theories and concepts related to this research topic.

Theoretical Framework

In Islamic law, the concept of Mafqud is discussed in various schools of thought. The Hanafi and Shafi'i schools of thought do not allow the wife to demand divorce if the husband's existence is unclear. Conversely, the Maliki and Hambali schools of thought allow the wife to demand divorce after a waiting period of four years. This diversity of views shows the complexity of the law that must be faced in the case of Mafqud's husband.

Analysis of the Decision

The Panyabungan Religious Court judge in this case decided to bring down the divorce of one Ba'in Sughra. The judge's consideration is based on the perceived management if the marriage is continued. In taking the decision, the judge not only refers to the marriage law and the compilation of Islamic law, but also uses the rules of Usul Fiqh, the opinions of Islamic law experts, and refer to the verses of the Qur'an and Hadith.

Discussion

The results of this study show that the school's views in Islam about Mafqud's husband vary. In the Hanafi and Shafi'i schools, the wife is not allowed to demand divorce. Conversely, in the school of Maliki and Hambali, the wife is allowed to demand divorce after a waiting period of four years. Although the marriage status of Mafqud's husband is considered valid until the news of death, divorce, or decision from the court, the Panyabungan Religious Court judge in this case decided to bring down the divorce of one Ba'in Sughra.

Conclusion

Through this analysis, it is expected to provide a deeper insight about the legal implications of the existence of Mafqud's husband and enrich the community's understanding of the legal aspects of divorce. This study not only functions as a juridical study, but also as a source of information that is useful for readers who want to understand further about marriage law in the context of Islam.

Recommendations

Based on the results of this study, it is recommended that the community should have a clear understanding of the rights and obligations in a marriage, especially in uncertain situations like this. It is also recommended that the Panyabungan Religious Court should provide a clear and consistent decision in cases of Mafqud's husband.

Limitations of the Study

This study has several limitations. Firstly, the study only focuses on the decision of the Panyabungan Religious Court, and it does not provide a comprehensive analysis of the legal implications of Mafqud's husband. Secondly, the study only uses a literature study as the data collection method, and it does not provide a detailed analysis of the empirical data.

Future Research Directions

Future research should focus on providing a comprehensive analysis of the legal implications of Mafqud's husband. It should also use a mixed-methods approach, combining both qualitative and quantitative data collection methods. Additionally, future research should focus on exploring the views of Islamic law experts and the opinions of the community regarding Mafqud's husband.

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    Q&A: The Juridical Study of the Husband whose existence is unclear (Mafqud) as a reason for divorce

Q: What is Mafqud in Islamic law?

A: Mafqud is a term used in Islamic law to describe a husband whose existence is unclear. This can include situations where the husband's whereabouts are unknown, or where there is no clear evidence of his existence.

Q: What are the different views on Mafqud in Islamic law?

A: There are different views on Mafqud in Islamic law, depending on the school of thought. In the Hanafi and Shafi'i schools, the wife is not allowed to demand divorce if the husband's existence is unclear. Conversely, in the school of Maliki and Hambali, the wife is allowed to demand divorce after a waiting period of four years.

Q: What is the significance of the Panyabungan Religious Court's decision in this case?

A: The Panyabungan Religious Court's decision in this case is significant because it provides a clear example of how Islamic law is applied in a real-world situation. The court's decision to grant the wife a divorce based on the husband's unclear existence sets a precedent for future cases.

Q: What are the implications of this decision for the community?

A: The implications of this decision for the community are significant. It highlights the importance of having a clear understanding of the rights and obligations in a marriage, especially in uncertain situations like this. It also emphasizes the need for Islamic law experts and the community to have a clear understanding of the legal implications of Mafqud's husband.

Q: What are the limitations of this study?

A: This study has several limitations. Firstly, the study only focuses on the decision of the Panyabungan Religious Court, and it does not provide a comprehensive analysis of the legal implications of Mafqud's husband. Secondly, the study only uses a literature study as the data collection method, and it does not provide a detailed analysis of the empirical data.

Q: What are the future research directions for this study?

A: Future research should focus on providing a comprehensive analysis of the legal implications of Mafqud's husband. It should also use a mixed-methods approach, combining both qualitative and quantitative data collection methods. Additionally, future research should focus on exploring the views of Islamic law experts and the opinions of the community regarding Mafqud's husband.

Q: What are the practical implications of this study for Islamic law experts and the community?

A: The practical implications of this study for Islamic law experts and the community are significant. It highlights the need for Islamic law experts to have a clear understanding of the legal implications of Mafqud's husband. It also emphasizes the importance of educating the community about the rights and obligations in a marriage, especially in uncertain situations like this.

Q: What are the recommendations for future research and practice based on this study?

A: Based on this study, it is recommended that future research should focus on providing a comprehensive analysis of the legal implications of Mafqud's husband. It is also recommended that Islamic law experts and the community should have a clear understanding of the rights and obligations in a marriage, especially in uncertain situations like this. Additionally, it is recommended that the Panyabungan Religious Court should provide a clear and consistent decision in cases of Mafqud's husband.

Q: What are the conclusions of this study?

A: The conclusions of this study are that the school's views in Islam about Mafqud's husband vary. In the Hanafi and Shafi'i schools, the wife is not allowed to demand divorce. Conversely, in the school of Maliki and Hambali, the wife is allowed to demand divorce after a waiting period of four years. The Panyabungan Religious Court judge in this case decided to bring down the divorce of one Ba'in Sughra, based on the perceived management if the marriage is continued.