Adriantito Ramadhan, Irma Suryani


This study aims to explain how the judge's legal considerations in decision number 70/Pdt.G/2020/PA.Pyk who provide a living for the wife indicated by nusyuz and to explain how the judge's legal considerations in the decision are reviewed from the PKDRT Law and Islamic Law. This research is a field research. The primary data source is information from the chairman of the panel of judges who decided the case, and the decision. Secondary data sources are obtained from library materials by searching for data or information in the form of written objects such as books, regulatory documents related to research. This study found, firstly, the nusyuz status of the wife according to the judge's opinion had no cause. The act of nusyuz in question is that the wife leaves the joint residence without the husband's permission in the condition that the household is still fine, and the husband does not state and prove that his wife is nusyuz. Then the wife in this case sued the husband back so that he was given a living while the husband agreed with his ability so that the judge stated there was no reason not to give the husband a living obligation to his wife. However, if viewed from the perspective of material law, namely KHI, the respondent is categorized as a wife who is nusyuz and her husband's livelihood is hindered either when she is nusyuz or divorced due to the nusyuz. Second, regarding the point of view of the PKDRT Law regarding indications of neglect from the wife based on her obligations according to Article 34 paragraph (2) of the Marriage Law, she cannot carry out her obligations under the law so that she is categorized as neglect based on Article 9 paragraph (1) of the PKDRT Law. Meanwhile, based on the judge's statement, the husband is the perpetrator of neglect after being analyzed based on his obligations in Article 34 paragraph (1) cannot completely violate the article, because the husband based on his ability is still carrying out his obligations to provide a living for his wife and children. Third, from the point of view of Islamic law regarding nusyuz. The scholars agree that the attitude of a wife who leaves the joint residence without the husband's permission is included in the act of nusyuz and the act of nusyuz resulting in the obstruction of a living from the husband to his wife.


Cerai Talak, Nusyuz, KDRT, Hukum Islam

Full Text:



Al-Husaini, T. M. (1999). Kifayah Al-Akhyar. Damaskus: Dar al-Khair.

Al-Jazairy, S. A. (2018). Minhajul Muslim Pedoman Hidup Harian Seorang Muslim. Jakarta Timur: Aqwam Jmebatan Ilmu.

al-Muqaddas, F. (2017). Pemikiran Satria Efendi M Zein dalam Pembaharuan Hukum Perdata Islam di Indonesia. Bogor: CV. Landasan Ilmu.

Elimartati. (2013). Bunga Rampai Perkawinan di Indonesia. Batusangkar: STAIN Batusangkar Press.

Hafil, M. (2020, Januari Sabtu, 25). Hak Istri Atas Nafkah Suami Dalam Perspektif Empat Mazhab. Retrieved Juni Minggu, 21, 2020, from Republika.co.id: https://republika.co.id/berita/q4nt3l430/hak-istri-atas-nafkah-suami-dalam-perspektif-empat-mazhab

Kompilasi Hukum Islam.

Nusyuz Dalam Kompilasi Hukum Islam. (n.d.). Retrieved from digilib.uinsby.ac.id: file:///C:/Users/ASUS%20FX/Downloads/Documents/Bab%203.pdf

Sugiarto, U. S. (2013). Pengantar Hukum Indonesia. Jakarta: Sinar Grafika.

Syarifuddin, A. (2006). Hukum Perkawinan Islam di Indonesia Antara Fiqih Munakahat dan Undang-Undang Perkawinan. Jakarta: Kencana.

Undang-Undang No 1 Tahun 1974 Tentang Perkawinan.

Wardani, D. D. (2020, 08 27). Kompasiana. Retrieved 10 04, 2020, from Hukum Istri Pergi Meninggalkan Rumah dan Melawan Suami dalam Islam: https://www.kompasiana.com/dini_wardani/54ffbbb5a33311bc4c51108b/hukum-istri-pergi-meninggalkan-rumah-dan-melawan-suami-dalam-islam?page=1

DOI: http://dx.doi.org/10.31958/jisrah.v2i2.4330


  • There are currently no refbacks.

Copyright (c) 2021 adriantito ramadhan, Irma suryani

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Indexed by:




JISRAH: Jurnal Integrasi Ilmu Syariah

ISSN 2775-3557 (Online) and 2775-1783 (Print)

Published by Institut Agama Islam Negeri Batusangkar

Email: jisrah@iainbatusangkar.ac.id


This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.