Jakarta, CNBC Indonesia – Artist Lulu Tobing is reportedly suing her husband Bani Mulia for divorce again. As is known, the household of the couple who married in 2019 was also shaken by turmoil in 2021, where Lulu filed a similar lawsuit in court.
“Yes, on October 23 2023, a case was filed in the name of LO in the name of her husband BM, filing for divorce. The first hearing was held on Thursday,” said the Public Relations Officer of the Central Jakarta Religious Court, Jajat Sudrajat, as quoted. secondMonday (6/11/2023).
Reportedly, both Lulu and Bani were present at the mediation process, and the Religious Court also still hopes that there will be peace between the two parties.
In 2021, detik also reported that the two couples had reportedly had 13 divorce trials, but the court rejected it. Until 14 days after the decision, there was no appeal filed by Bani or Lulu and that is what made the two couples considered reconciled and continuing their marriage.
Apart from the turmoil in Lulu Tobing’s household, there are a number of financial lessons that can be learned from every divorce case, more precisely when the woman files for divorce.
If the lawsuit is indeed approved, then what are the rights of a woman? The following is the explanation.
Still entitled to this living
Reporting from Hukumonline, a wife in a contested divorce case is still entitled to mut’ah and iddah maintenance as long as she is not nusyuz. So what does iddah income mean?
After the divorce decision, the ex-wife will enter the Iddah period. This period was a time when women were haram and forbidden to marry in Islamic teachings.
This support is given by the ex-husband to his ex-wife. As long as his ex-wife is not Nusyuz, this is stated in KHI Article 152.
Nusyuz itself is defined as an act of disobedience and disobedience by a wife towards her husband (without reason). And this cannot be legally justified.
According to Article 84 KHI, a wife is considered Nusyuz if she does not want to carry out the obligations as intended in Article 83 paragraph (1) except for valid reasons.
The wife’s obligation as stated in Article 83 paragraph 1 of the KHI is to be physically and mentally devoted to her husband in a way that is justified by Islamic law.
Meanwhile, mut’ah livelihood is often referred to as a grief-relieving livelihood. The sadness in question is a condition where the wife feels suffering when she has to separate from her husband, therefore the ex-husband at least provides this support to his ex-wife.
In Chapter I Article 1 KHI, it is stated that mut’ah is a gift from an ex-husband to an ex-wife who has been given a divorce, in the form of objects, money or something else.
However, there is an opinion which states that when the wife files for divorce, then the other person’s maintenance is considered non-existent.
Wife sues for divorce, dowry is not required to be returned
Article 32 Compilation of Islamic Law (KHI) as stipulated in Presidential Instruction No. 1 of 1991, states that “The dowry is given directly to the prospective bride and since then it has become her personal right.”
So it is very clear that the dowry given by the prospective husband to the prospective wife will be completely the right of the prospective wife, because the gift was made before the marriage was valid, or during the consent process.
Reporting from an article on the Online Law site, a Lecturer in Islamic Law at the Faculty of Law, University of Indonesia (FH UI) explained that because the dowry is the wife’s right, the wife is not obliged to return the dowry. This is because the obligation of the wife who filed the lawsuit is to pay the agreed ransom (iwad).
[Gambas:Video CNBC]
(aak/aak)