Legal Reasoning Of Iwadh For Husband Who Violates Taklik Talaq

Abstract

Khulu' is a divorce where a wife pays a certain amount of money as an iwadh (Substitute) to her husband. Then iwadh is a substitute that must exist if someone wants to apply for Khulu'. The problem that I got in this research is how is the dynamics of the nominal amount of iwadh money, and how is the legal reason of the nominal amount of the husband's iwadh money that violates the sighat of taklik talak. This research focuses on Legal Reasoning and the nominal relevance of the husband's iwadh money that violates the sighat taklik talaq. This research is a field research with a qualitative method by means of interviews, observations, in order to obtain information related to the writing of this thesis. Meanwhile, the source of the data comes from legal reason, Legal Practitioners about the Nominal Value of Iwadh Money, and the relevance of the value of Iwadh money in today's era. The analysis used is qualitative analysis by reading, studying and analyzing books related to this research. and connect with the results of interviews with Fiqh Scholars, Legal Practitioners, and Legal Academics about the Nominal and Relevance of the iwadh money, so that conclusions can be drawn to answer the problem. The author has not found any research on the nominal amount of this iwadh money. The research that the author found discusses the meaning of Khulu and Iwadh more. The author's findings that in KMA No. 411 of 2000 which amounted to Rp. 10,000 (Ten Thousand Rupiah), as an iwadh (Substitute) to be given one talaq to the wife. The court's implementation did not violate the applicable rules. In practice, the iwadh money is not given to the husband, but the religious court has its way to distribute the money, still for social worship.