Analisis Putusan Hakim Mahkamah Syar’iyah Lhokseumawe Nomor 349/Pdt.G/2022/Ms.Lsm Atas Perkara Cerai Gugat Akibat Perselingkuhan

Abstract

This study reviews divorce decision number 349/Pdt.G/2022/MS.Lsm at the Lhokseumawe Sharia Court, which resulted in a Talak Bain Sughra decision in favor of the plaintiff by default because the defendant did not appear at the hearing. The focus of the study is the judge's consideration in making a decision regarding a divorce lawsuit based on adultery, where adultery is not included in the grounds for divorce recognized by the Compilation of Islamic Law (KHI) or fiqh. This qualitative study uses a normative juridical approach (library research). The results show that the judge granted the divorce based on Article 116 of the KHI and Law Number 1 of 1974 concerning Marriage, on the grounds of continuous disharmony between husband and wife with no hope of reconciliation. The judge's default judgment can be justified by referring to the opinion of Imam An-Nawawi, who states that it is permissible to decide a case qadha 'ala al-ghaib, i.e., if the defendant is absent, provided that there is complete evidence and witnesses.