Perbandingan perlindungan hukum terhadap perempuan pasca perceraian dalam perspektif dalam perspektif Hukum Islam dan Hukum Perdata = Comparison of legal protection for women post-divorce from the perspective of Islamic Law and Civil Law

Bayakta, William Rando (2024) Perbandingan perlindungan hukum terhadap perempuan pasca perceraian dalam perspektif dalam perspektif Hukum Islam dan Hukum Perdata = Comparison of legal protection for women post-divorce from the perspective of Islamic Law and Civil Law. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

The legal protection of women after divorce shows a striking difference between Civil Law and Islamic Law. The difference reflects the different legal approach between Civil Law and the Islamic law in providing legal protection to women after a divorce. The existence of these differences demonstrates the importance of understanding and respecting existing legal diversity, as well as efforts to formulate policies that accommodate the values of justice and diversity in the context of legal protection for women after divorce. The problem of this research is how the legal protection of women after divorce is compared from the perspective of Islamic law and civil law and how legal provisions regulate legal protection efforts against women after a divorce according to Islamic and civilian law. The method of research used is the method of normative juridical research. The discussion is that post-divorce women in the perspective of Islamic law and Civil Law shows that the legal protection of women after divorce is more stringent in the compilation of the Islamic Law (KHI) compared to Civil Law. Islamic law provides a clear and structured mechanism to ensure that women's rights are protected, including livelihoods, custody of children, and sharing of property. Meanwhile, Civil Law provides protection that is equally significant but more dependent on the litigation process and the initiative of the parties involved. Judges in Islamic law have a proactive role in protecting women's rights, whereas in Civil Law, judges act more passively, making decisions based on claims filed. According to the Compilation of Islamic Law, in the case of divorce, the husband is obliged to provide his ex-wife with a subsistence allowance, the custody of a child under the age of 12 is granted to the woman, and the distribution of the common property is explained in Article 97 KHI, after the separation, the joint property shall be divided equitably.

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