IJTIHAD PROGRESIF DALAM PENEGAKAN HUKUM POSITIF ISLAM DI PENGADILAN AGAMA TENTANG PEMBAGIAN HARTA BERSAMA
Abstract: The main problems
discussed are: First, how the realization of the Islamic positive law
reinforcement is in the Religious Court to create justice in the division of
marital property in KHI (Islamic Law Compilation); second, what the form of of
progressive ijtihad is in the Islamic positive law reinforcement in the
Religious Court to create justice in the division of marital property in KHI
(Islamic Law Compilation). This research uses normative juridical, descriptive
in nature, through the data in form of Religious Court decisions using
constructivism paradigm with qualitative analysis. The result of the research
is as follows: First, in the division of marital property, the wife gets 2/3
(two-thirds) which is more than the husband who gets 1/3 (a third). This
decision seems contradicting Article 97 KHI. Second, using the method ijtihad
tatbiqi, ijtihad used in implementing the law by observing the facts and events
as the background of the case, the judges find the appropriate clauses for the
case after observing the relations between the background facts and event.
Penulis: Akhmad Khisni
Kode Jurnal: jphukumdd120369
