Syahrin, Maharani (2025) NAFAQAH AL-MUT'AH AND NAFAQAH AL-‘IDDAH FOR WIFE AFTER LAWSUIT DIVORCE: PERSPECTIVE OF FIQH MUNAKAHAT. S1 Undergraduate thesis, Universitas Darussalam Gontor.

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Abstract

This study arises from the need for fair legal protection for women after divorce, particularly in lawsuit divorce, which is often perceived as a form of nusyuz (disobedience). In reality, lawsuit divorce is filed based on legitimate reasons, such as a husband's failure to fulfil his obligations, and therefore cannot be categorized as nusyuz. This study aims to: (1) examine nafaqah al-mut'ah and nafaqah al-‘iddah in relation to legal norms in Indonesia for wives after lawsuit divorce, and (2) to find the view perspective of fiqh munakahat on nafaqah al-mut'ah and nafaqah al-‘iddah for wives after lawsuit divorce. Using a normative approach through literature review, this study finds that the Compilation of Islamic Law (KHI) only accommodates the rights of wives after talaq divorce, while lawsuit divorce faces a legal vacuum that creates uncertainty regarding the right to nafaqah al-mut'ah and nafaqah al-‘iddah. The findings indicate that lawsuit divorce is not classified as nusyuz since it is filed based on valid reasons, such as the husband's failure to fulfil his obligations. Nafaqah al-‘iddah and nafaqah al-mut'ah are rights granted to a wife following divorce, including in lawsuit divorce. A wife who files for lawsuit divorce should still be entitled to these forms of nafaqoh based on the following reasons: (1) Nafaqah al-‘iddah is a husband's obligation during the ‘iddah period according to Islamic law, (2) Nafaqah al-mut'ah is a mandatory provision as a form of honor and consolation for the wife after divorce, and (3) From the perspective of fiqh, lawsuit divorce is generally filed based on shar’i reasons, meaning it does not eliminate the wife's right to receive nafaqah al-‘iddah and nafaqah al-mut'ah. This study highlights a legal vacuum within the KHI that necessitates reform (amendment) regarding the rights of wives after lawsuit divorce, as well as the need for explicit recognition that lawsuit divorce does not constitute nusyuz. In terms of approach, the KHI remains similar to previous scholarly perspectives, yet it has not fully incorporated the contextual realities of Indonesian Muslim society into its legal formulations. This study recommends revising the concept of nusyuz in the KHI to also include instances where the husband neglects his obligations. By doing so, the Islamic family law system in Indonesia can provide more balanced and equitable legal protection.

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