ANALISIS MASLAHAH MURSALAH AT-THUFI DALAM PERMASALAHAN NAFKAH SEBAGAI FAKTOR TERJADINYA PERCERAIAN (STUDI PUTUSAN NO. 215/PDT.G/2024/PA. BJB)

Abstract

This article discusses the analysis of At-Thufi's problem of livelihood as a factor in divorce. This research is included in qualitative research with data collection carried out through library research by referring to books, journals and other scientific works. Then the author uses At-Tufi's maslahah mursalah and decision no. 215/Pdt.G/2024/PA. Bjb as analysis material. The aim of this research is to analyze At-Thufi's maslahah mursalah in matters of livelihood as a factor in divorce because basically divorce should be made difficult. In the case that occurred in Decision no. 215/Pdt.G/2024/PA.Bjb The defendant or husband is lazy about working and has not provided support for his wife for two years. This means that the Defendant has neglected his obligations as a husband and the divorce should still occur because of the Defendant's behavior in neglecting his obligations. If we look at it from the perspective of maslahah, mursalah, according to at-Thufi, is the strongest argument within the scope of muamalah and adat because maṣlaḥah is not only an argument when there is no text and ijma' but must also take precedence over text and ijma' when there is a conflict between the two. Decision No. 215/Pdt.G/2024/PA.Bjb is in accordance with maslahah mursalah which aims to maintain the benefit of the Plaintiff or his wife and if it is allowed to continue, it will result in mafsadat (mudharat), namely the occurrence of continuous quarrels between the Plaintiff and the Defendant