HUKUM ISTRI MENGGUGAT CERAI SUAMI YANG TERPIDANA DALAM PERSEPEKTIF HUKUM ISLAM

Abstract

The background of the writer conducting this research is that the divorce number recorded in the Kediri District Religious Court reached 3,442 cases with details of 1,102 being divorce and 2,340 representing divorce. Though it is very clear that the divorce case is a halal case but most hated by Allah SWT, but this divorce case is still pursued on the grounds for the benefit and harmony in the family. The purpose of this research is to find out clearly the law of a wife who sues for divorce because her husband is convicted in the perspective of Islamic law. In this study, researchers used qualitative methods. The results showed that in the perspective of Islamic law a wife may file for divorce in a convicted husband, this is because a convicted husband can cause disputes in a family, including the not being fulfilled in physical or spiritual maintenance and the reduced comfort of a wife living with a husband who is a convict. This has been regulated in the Compilation of Islamic Law article 116 part f, article 39 (2) letter f marriage law No.1 of 1974 and article 19 letter f PP No.9 of 1975 the article which reads "Between husband and wife continues disputes and quarrels continue and there is no hope of living in harmony again in the household ”.