The Result of Husband to Violate Sighat Taklik Judging from Law Number 1 Year 1974 about Marriage and Islamic Law (Case Study of High Court Religious Decision No.296/PDT.G/2014/PA.TTD)

Abstract

Marriage under Law no. 1 Year 1974 about Marriage is the inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on Belief in One Supreme God, while according to Compilation of Islamic Law (KHI) is a very bond Strong (mitssaqan ghalidzan) and practicing it is worship. In practice, households do not always run in accordance with the purpose of marriage, there are times when there is harmony between husband and wife, which can lead to divorce. From the problem, the researcher raised the title of "The Result of Husband to Violate Sighat Taklik Judging From Law Number 1 Year 1974 About Marriage And Islamic Law (Case Study of High Court Religious Decision No. 296/PDT.G/2014/PA.TTD)". The purpose of this study is to find out about the divorce filed by the wife against a husband who violated sighat taklik in Law no. 1 of 1974 concerning Marriage and Islamic Law, as well as to know the judges' consideration in deciding cases of divorce due to husbands violating sighat taklik in the decision of Religious Court of Tebing Tinggi No. 296/PDT.G/2014/PA.TTD. The research method used in this research is normative juridical approach method, that is by examining the existing library materials. The research specification used is analytical descriptive. The research phase used is document study to collect secondary data covering primary law material, secondary law material, and tertiary legal material. Technique of collecting data by way of literature study. And by using qualitative normative analysis method. From the result of the research, the researcher get the conclusion that the violation of husked sighat by husband can be the reason of a wife to do divorce, because the violation of sighat taklik causes not reaching the purpose of marriage, which to form a sakinah family, mawaddah and warahmah, and happy and eternal based Belief in the one and only God. The wife divorce sued against the husband in the Marriage Law is called divorce, while in Islamic Law it can be called fasakh or khulu '. The panel of judges granted the divorce suit on the consideration of protecting the rights of women as wives.