PANDANGAN HAKIM DALAM MEMUTUSKAN PERKARA CERAI TALAK ISTRI YANG BERMAIN CINTA DENGAN LAKI-LAKI LAIN AKIBAT TIDAK DIBERI NAFKAH

Abstract

The obligation of husband and wife is to keep guarding his honor. Such as a wife who cannot maintain her honor, her husband may divorce her. In this case, a wife who plays love with other men happens because the husband does not give him a living then his wife’s husband is mental. Even though the obligation of a husband to provide for his wife. The purpose of this study was to identify the factors of occurrence and the view of judges in deciding divorce cases for wives who play love with other men as result of not being given a living in the Malang District Religious Court.The research method used is qualitative while the type of research is case study in the Malang District Religious Court. To collect data, researchers conducted observations, interview, and then analyzed the data with triangulation.Factors that cause increased divorce for wives who play love with other men due to not having the right to earn a living are a husband who does not understand the situation, requirements and responsibilities needed for her husband. And the main legal considerations used were seen by the RI. MA Jurisprudence. Number: 38 K/AG/1990 dated October 5, 1991.

Keywords: Judge’s view, Divorced divorce, Wife who plays love with other men, and Not given a living.