Islam, Wanita dan HAM dalam Perspektif Hukum Islam (Analisis Kasus KDRT di Pengadilan Agama Medan)

Abstract

It� is� proper� to� thank� the� god� that� the� law� number 23/2004� on� hardness� abolition� in� household� soon� will� be legislated as a constitution which will provide a protection for women,� their� safety� and� rights,� men� and� children� whom� are being� a� hardness� victim� in� household.� This� law had the same point with the law on human rights to live, to be not tortured, privacy� freedom,� thought� and� conscience� as� written� in� at� law number 39/1999 verse 2.But, the authority that bonds� the law is� needed� to� be� re-questioned,� because� that� a� lot� of� hardness chases� raise� among� the� society� out� of� the� civil� law� authority. There chase to chase rise among the society are which� seems lying� under� the� civil� law� authority.� Practically,� this� law� seems has lost its authority. This state arise an ambiguity about its law properness and the proper law to be applied. There are a lot of household hardness chases which areshould be� the� start� point� for� the� government� and� jurists� to� study furthermore the applying of law number 23/2004, because it is practically� not� used� as� reference� law� in� Islamic� court� which managed the familial, marital and divorce affair. It is urgent to know� that� most� of� household� hardness� is� raised� from� the familial� and� household� matter.A� simple� research� about household� hardness� with� its� relation� with� divorce� affair registered� to� the� Islamic� court� in� Medan� that� the� writer had worked indicated that more than 30% of the registered� chases contain� of� household� hardness.� But� because� of� the� hardness matter is out of Islamic court authority made the authority of the law number 23/2004 is dilemma.