Disparity in the Considerations of Judges in Deciding Divorce Disputes in Religious Courts and District Courts
Year: 2022
Type: article
Abstract: This paper aimed at exploring judgesÔÇÖ disparity in deciding divorce disputes in religious courts and district courts. Disparity is not only the differences in legal subjects that obey the absolute competence of different judicial environment but also the norms that serve as guidelines. This research is empirical juridical research with primary data namely judgesÔÇÖ decision and the results of judgesÔÇÖ interview. This research found that there were several disparity differences between religious and district judges in deciding divorce disputes. First, the considerations of district court judges were oriented to the aspect of legal certainty over juridical considerations. Second, besides paying attention to legal certainty aspects, the panel of judges at religious courts also considered religious aspects in making decision. Consideration of the rules of Islamic law has a very important role for judges in making decisions.
Source: JURIS (Jurnal Ilmiah Syariah)
Author: Dodon Alfiander
Institution: Universitas Islam Negeri Mahmud Yunus Batusangkar
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4284711330