The first point of discussion explains the emergence of talaq divorce in the age of divorce by petition. Biographical description of people who performed Talaq divorce in Tuban regency, as structural meanings given by the wife - 175.
Economic Pressures as Reason for Talaq Divorce
However, it is mind boggling that Tuban Regency PA is actually dominated by talaq divorces in the age of divorce filings. What is even more interesting is that one of the root causes of talaq divorce is economic tension, where economic obligation (seeking nafkah) is in the power of the husband.
Indentifying Theoretical Gaps
Therefore, regarding writings or research on the importance of talaq divorce for wives in Tuban Regency PA filed by husbands due to economic pressure - in which the rate of talaq divorce in Tuban Regency PA is higher than the rate of divorce filed - in an era of high divorce filings were not implemented. In relation to similar research on the meaning of the issue of divorce, a research conducted by Hasniah Hasan was titled "Divorce in the Life of Muslims in Surabaya East Java: A Study on the Meaning of Divorce in a Phenomenological Perspective".
Nafkah and Divorce 1. Definition of nafkah
ﻪِﺘَﺑاَﺮَﻗ
The person with the obligation to provide nafkah is someone who is in a comfortable position with full ownership of wealth and more to save - once it is used to provide nafkah for oneself and family - to provide for family members. The father's obligation to provide nafkah for the family, due to the child/children's nafkah he has to provide, will not be nullified even if the father is under unfavorable condition.
لﺎَﻘَﻓ ُﻢَﻠْﻌَﻳ
Husband’s obligation to provide nafkah for wife
Let the rich man spend according to his means; and let the man who has limited resources spend according to what God has given him. Meaning: Let the women live (in the 'iddat) in the same style as you live, according to your means: Do not annoy them, so that you restrict them.47 b.
تﺎَﺟ
لﺎَﻗ
لﺎَﻗ
Nafkah content considerations
The man's inability to give nafkah for the woman is currently ongoing (لﺎﺤﻟا ﻲﻓ) or coming (ﻞﺒﻘﺘﺴﻤﻟا ﻲﻓ). The man really cannot pay nafkah for the woman at that time or in the coming future.
قﻼﻄﻟا
Meaning: Ibnu Wahab narrated from 'Abd al-Rah}ma>n ibn Abi> al-Zana>d from his father and said: I witnessed 'Umar ibn 'Abd al-'Azi>z say about a matter , where a man whose wife has complained to him that she does not get nafkah from the man:.
ﱡﻲِﻌِﻓﺎﱠﺸﻟا َلﺎَﻗ
ا َلﺎَﻗ
دﺎَﻧﱠﺰﻟا ﻮُﺑَأ َلﺎَﻗ
لﺎَﻗ !
Talaq Divorce in Religious Court
- Talaq divorce: its definition and reasons
- Talaq divorce procedure
- Several causes of divorce a. Gender and divorce
- The concept of gender relations in Javanese culture
- Gender relation as reason for divorce
The first type, talaq divorce, is a resolution of marital conflict or divorce in the form of talaq coming from the spouse's side. Among several of the above reasons for divorce, the Religious Court uniformly defined them in 12 Causal Factors of Divorce in the PA, for both Talaq Divorce and Divorce on Request. In the period of 6 (six) months since the talaq testimony case was decided, if the spouse or his lawyer does not give the talaq testimony in court, the legal force of the decision becomes null and void and the divorce can no longer be filed based on the same legal reason (Article 70 verse (6) Act No. 7 year 1989).
Also, there is a "transition" in the divorce process, which is a phase that is unpredictable because it can happen at any time unlike the transition phase in other cases. In this case, it can be confirmed that the issue that often causes conflict leading to divorce is the issue of gender and power in the family. Physical oppression in this case is in the context of the issue of race, class, gender, ethnicity and sexual orientation.147.
According to the often occurring reality in the community, what often wreaks havoc on the institution of marriage is an illicit sexual affair or sexual infidelity.
ﻟا ﱠنإ
ﷲا ِﻪِﻨْﻐُﻳ
لْﻮُﻘَﻳ َﻢﱠﻠَﺳَو
نﻷ
ﻞﱠﻔَﻜَﺗَأ َو) (
ﻞﱠﻔَﻜَﺗَأ (
ﺔﱠﻨَﺠْﻟﺎِﺑ
Conflict Theory in Husband and Wife Relationship 1. Definition of conflict
- Theory of social conflict in family life
A number of the causes of conflict above are preceded or supplemented by an emotional factor (emotional conflict). Micro conflict or what is called simple conflict is a type of conflict that is still in the emotional stage and it is driven from the feeling of difference in the individual. Based on the effects and types of conflict above, in the context of this research on talaq divorce phenomenon at the PA in Tuban Regency.
Therefore, based on the theory of social conflict, a relationship full of conflicts is also found in the (micro)family. The existence of conflict is rooted in the structure and function of the family itself. His work on the sociology of conflict is highly integrated because it is more micro-oriented than the macro conflict theory of Dahrendorf and others.
The level of group consensus prior to the onset of conflict is the most mutually important.
Empirical Phenomenology
Noema is what is experienced, and knowledge is how something is experienced or background and the set of facts is experienced. Therefore, the meaning and essence of one's experience can be known if we are able to capture intentionality or noema and nesis from that apparent experience.212. In other words, phenomenology is not only an illustration or explanation of experience, but also a process of interpretation in which the researcher is the interpreter to mediate between different meanings of different life experiences within a phenomenon.213.
Moreover, the term transcendental itself has the meaning of viewing something (phenomenon) in the same way at the moment or how the phenomenon occurred at the time. Although, according to Moustakas, it is very difficult to observe the phenomenon exactly the same now as when it happened in the past.214. Compile a textual description of different experiences of different people (informants or subjects), as well as a structural description of different experiences that describe the circumstances, situations, or context in which the informant experienced the phenomenon.
Finally, you create a statement or formulation that consists of textural and structural illustration to gain meaning and essence from the experience.
Methodology Notes
The essence and meaning are all formulated based on the experience and understanding of the spouses towards the object or phenomenon of talaq divorce. The research was quite time-consuming because when some of the research subjects I visited were not present at home, which made me visit them again the next day or the day after to conduct interviews and observations. Therefore, the researcher's role in this case was only to listen and allow research.
I also asked local residents - apart from the research subjects - about the prevailing family tradition in the respective towns; for example about the tradition that the son-in-law must live in the house of the wife's family to "nagwulo" or "kumpulan". The summary result recorded 61 cases of talaq divorce due to economic factors or economic stress. For this research, I interviewed as many as 23 women out of the 61 women who were separated by an economic factor.
Interviews of the husbands were necessary to find clarity on the definition of talaq divorce (for reasons of economy alone), which is the absolute right of the husband.
Tuban Regency’s Geographic Location, Demographic Conditions and the PA’s Area of Jurisdiction
- Geographic location
- Demographic Conditions
- Religious Court Area of Jurisdiction
As for the population development in Tuban regency over a period of 5 years, it is as follows:229. You can see the distribution of the population in each district in more detail in the following table:230. Therefore, this also means that the majority of Tuban's population works in the agricultural sector.
Therefore, most of the school graduates in the population of Tuban from 2006 and earlier are dominated by SD candidates.241. The history of the establishment of the Tuban Regency Religious Court (subsequently Tuban PA) cannot be separated from the establishment of the Religious Court as a whole. Therefore, both the Tuban PA and the Tuban Department of Religious Affairs both had offices in the same building.
The distance from Tuban PA's jurisdictional area to each town measured from the position of Tuban PA can be observed in the attachment of this research.
Talaq Divorce in Tuban Regency
- General outlook on talaq divorce in Tuban Regency
- Husbands’understanding of talaq divorce by reason of economic strain
- Wives’ textural meanings and descriptions on talaq divorce by reason of economic strain
LK was a woman who divorced her husband when she was 25 years old, she said: SKW claimed that the reason she asked for a divorce was because her husband did not want to work. Her husband also lived in his parent's house, which happens to be close to her parents.
In her case, IM compared her husband's attitude to a mere "dream" (someone who visits for a moment or a guest). IM, on the contrary, did not want to live together in the house of her in-laws (her husband's parents). She said that her reason for not staying at her father-in-law's house was because her husband's relatives (kumpulan or family members) were many.
Her husband had no courtesy and was often authoritative towards KS and her family. The Modin could still see the bruises made by her husband's kick. This was - according to LRD- done by her husband because his parents-in-law (LRD's parents) wanted him to live with her family.
Biographic Description of People who Conducted Talaq Divorce in Tuban Regency as Structural Meanings Given
- Education background, economic condition, and women’s independence
- Husband-wife relationship and parents and children-in-law relationship system after marriage
In the discourse of the Tuban rural community, women's obligation to propose to men is expressed in the saying "larang bawang murah lombok" (men are expensive while women are cheap). Ironically, the tradition of women proposing marriage in the rural areas of Tuban influenced the patterns of relationships between men and women in the family. The above phenomenon in the Tuban community's perspective is known as women need men (men) or in their vernacular "kok butuh temen karo wong laang".
Therefore, the responsibility of women in the family of the community of Tubani is actually greater than that of men. 366. However, if the in-laws wanted to live in the same room, then they would live in the same house together forever. If this were to happen, then it could cause a rift in the relationship between husband and wife.
The tradition of ngawulo in Tuban Regency is applied in the western region, such as in Kerek, Tambakboyo, and so on.370.
