Ratio Legis of Not Regulated the Madliyah Livelihood Execution for Wife in the Law of the Indonesian Religion Justice

• Pages: 88-97
• Date: 01 January 2021
• Published date: 01 January 2021
• Author: Edi Marsis,Sudarsono,Masruchin Ruba'i,Siti Hamidah
• Subject Matter: Derecho Público y Administrativo

Vol. 5 No. 1

January, 2021

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

ISSN 2519-1284

Acces online at www.iipccl.org

88

Ratio Legis of Not Regulated the Madliyah Livelihood Execution for Wife in

the Law of the Indonesian Religion Justice

Edi Marsis

Doctoral Candidate, Faculty of Law, Brawaya University, Malang, Indonesia

Sudarsono

Lecturer, Faculty of Law, Brawaya University, Malang, Indonesia

Masruchin Ruba'i

Lecturer, Faculty of Law, Brawaya University, Malang, Indonesia

Siti Hamidah

Lecturer, Faculty of Law, Brawaya University, Malang, Indonesia

Abstract

The Arrangements dealing with the execution of a madliyahlivelihood in the case of divorce

is philosophically very important to do, namely marriage is a very determining family

problem in a society. Juridical considerations can become legal certainty guarantee in the

implementation of the rights and obligations of husband and wife. Some law ratios or intent

and the sociological objectives of lawmakers only include provisions for the execution of a

divorce case without including provisions for the execution of themadliyahlivelihood in these

provisions, including: First, at the time of promulgation of the provisions required by society

at that time were provisions concerning the divorce process, This provision is intended to

put into order the divorce proceedings occurred at that time which tended to be carried

out underhand. Second, the provisions of Article 70 of Law Number 7 of 1989 concerning

Religion Courts as amended by Law Number 3 of 2006 and Law Number 50 of 2009 are one

of the articles intended to minimize the negative impact of an underhand divorce. Third, the

provisions of Article 70 of Law Number 7 of 1989 concerning Religion Courts as amended by

Law Number 3 of 2006 and Law Number 50 of 2009 are also as one of the articles intended as

divorce procedural law and complementing the provisions for divorce as in law of marriage.

Keywords: Ratiolegis, execution norms, madliyah livelihood, religion court.

Introduction

The provision of a livelihood is one of the manifestations of the human tendency to

protect and maintain arises from the instinct or tendency to preserve species. The

appearance of these instincts includes compassion, love and concern for the husband

for his wife and mother for the child, grandfather for grandchildren and so on. The

phenomenon of this instinct to preserve this type gives birth to a motherly spirit, a

spirit of fatherhood, love and aection. 1Livelihood is one of the most strategic forms

of maintenance and protection that is born from the instinct to preserve species. Thus,

livelihood is a consequence of God's law (Syariah) and the natural law of a human

 1 Hadz Abdurrahman, Islam Politic and Spiritual, (Jakarta: Al-Azhar Press), p. 53.