PERTIMBANGAN HAKIM PENGADILAN AGAMA BANGIL KELAS I B DALAM PENIADAANMUT’AH PADA PUTUSAN PERKARA CERAI TALAK PERSPEKTIF TEORI KEADILAN JOHN RAWLS

Abstract

This study aims to (1) determine the factors for eliminating mut'ah by judges at the Bangil Religious Court Class I B (2) to analyze the considerations for eliminating mut'ah by judges at the Bangil Religious Court Class I B in terms of John Rawls' theory of justice. This research is classified as empirical research with the type of quantitative research. The data used is primary data from interviews with judges who handle divorce cases in which the decision is not subject to mut'ah. The results of the study show: 1. The waiver of mut'ah in the case of talak divorce is caused by the absence of the wife in the trial so that the judge cannot grant beyond the demands of the applicant or counterclaim from the respondent if the respondent is present. Another reason, if the respondent is present but the respondent does not ask for his rights so that the trial is expedited. 2. The compatibility between John Rawls' theory on the abolition of mut'ah lies in the core principles of justice, Equal liberty of principle, Difference principle and Equal opportunity principle.