Khuluk Disebabkan Kurangnya Nafkah
Keywords:
khuluk, cerai gugat, nafkahAbstract
This research is a qualitative descriptive field research about khuluk due to the lack of livelihood in the Kelurahan Mamburungan Timur tarakan city. Then to collect data, the researcher conducted interviews about the problems studied by referring to the interview guidelines that had been prepared. From the results of the study, it is known that the wife asks for khuluk because the husband intentionally leaves his obligations as the head of the household in the event of a lack of livelihood. So that the lack of livelihood. So that the case is brought to court to make it clearer. Based on the court’s decision that the reason for the divorce is due to a living factor in terms of law no. 1 of 1974 and can cause the marital bond between husband and wife to be broken, for the sake of law, namely Islamic law. From the results of the case description and data analysis, it is known that the khuluk done by the wife to her husband is the lack of a living in meeting the needs of the household. So what can be done in solving this problem is by way of the this problem is by way of the concept of peace, if peace cannot be resolved then by considering the benefits and harm. From the results of the analysis it can be concluded that, in Islamic law there are several rules that can be a wife’s permissibility to ask for khuluk to her husband, namely in terms of living. However, Islam does not make it easy for the wife to divorce because the husband has the right to impose divorce.