Housing Rights for Women in Irrevocable Divorce

  • Nurul Huda Prasetya

Abstract

This paper aims to find out the strongest opinion on the issue of housing rights for women who are irrevocable divorced whose in pregnancy. There are two conflicting opinions on the matter. The first opinion says it is entitled to get housing rights, while the second opinion says it is not entitled to housing rights. To resolve the issue of dissent in order to produce the strongest opinion, the tarjih method is used as the knife of analysis. This paper also wants to provide knowledge about the operational procedures of the tarjih method in resolving several conflicting opinions. After paying attention and analyzing the arguments used by the two opinions, then according to the author, the strongest opinion is the second opinion which says that women who are irrevocable divorced in a state of pregnancy are not entitled to get housing rights from their husbands during the iddah period.

Published
2020-06-04