Pandangan Hakim Tentang Konsep Nusyuz Pada Perkara Cerai Talak

(Studi Putusan Pengadilan Agama Kisaran Nomor: 1513/Pdt.G/2025/PA.KIS)

Abstract

The evidentiary process for establishing a wife’s nusyuz in court is not as straightforward as portrayed in Islamic jurisprudence. This study examines the views of Kisaran Religious Court judges who rejected a husband’s nusyuz claim against his wife in divorce case Number 1513/Pdt.G/2025/PA.KIS. The husband alleged that his wife consumed illegal drugs, frequented nightclubs, and had a relationship with another man. However, the judges rejected these claims and granted the wife her civil rights. This study employs an empirical juridical method with case, conceptual, and empirical approaches. Primary data were obtained through interviews with judges handling the case, while secondary data were derived from the court decision, legislation, the Compilation of Islamic Law, fiqh literature, and scientific journals. Data were analyzed qualitatively using a descriptive method. The findings show that nusyuz is not determined solely by improper conduct but by disobedience to marital obligations that must be clearly proven based on trial facts. Although the Respondent had visited entertainment venues, this did not automatically constitute nusyuz because it was not proven that the conduct was continuous or caused her to neglect her duties as a wife and mother. The judges also considered that the separation occurred because the Petitioner expelled the Respondent and failed to provide maintenance. This view reflects Islamic family law principles emphasizing evidence, justice, and protection of the parties’ rights. The study confirms that conduct considered an indication of nusyuz in fiqh cannot automatically be established in court without sufficient evidence.