Pandangan Hakim terhadap Penetapan Kadar Nafkah Istri Pasca Cerai di Pengadilan Agama Kabupaten Madiun

Abstract

This research aims to research is to explain and analyse the views of judges in determining the level of income idah and mutah from the istinba>t} perspective of Islamic law. The research method used is qualitative with field research using a normative approach. Where it will be explained first the date relating to the case in general and the basis of the legal cinsiderations of the judges in determining the level of animony and mutah alimony as well as what factors influence the levels in divor cases at the Madiun Regency Religious Court. Result of this research it can be concluded that 1) the basic of consideration of the four judges of the Madiun Regency Religious Court regarding determining the level of mutah living has differences, including being based on the bool Al ahwalus syahsiyyah on page 334 and looking at the length of the marriage usta, other judges use the basic of estimates or guasses whwn the husband is present at the event. Trials, some are based on the amount of dowry given by the husband, and others are based on the extent of the husband’s mistakes meanwhile, the determination of idah living based on the considerations of the Madiun Regency Religious Court judge has differences that are not much different, including the facts at the trial of the agreement outside the court, the husband’s ability and the husband’s income 2) based on these considerations, the Madiun Regency Religious Court judge determines the level of idah and mutah living. Using the legal istinba>t} method, including one judge using the bavani method, three judges using the istislahi method which is oriented towards implementing the principles of justice, suitability and propriety of husbands. The istinba>t} method of istislahi law is also called maslahah mursalah.