The Obligation of the Husband as a Civil Servant in the Provision of the Living to the Ex-Wife Is Reviewed from Law Number 1 of 1974 and Islamic Law

Abstract

This research aims to analyze the obligation of the husband with the civil servants in the provision after divorce under Islamic law and the positive law of Indonesia. This method of research is normative research with a statutory approach, conceptual approach and legal comparative approach. There is a difference in the provisions of the after divorce, in Islamic law after the divorced there is a period of Iddah, which is determined that the former wife is given a living until the end of her iddah in Mut'ah form or the gift given by the husband to the wife who has divorced While especially for civil servants is determined also the provision of salary to the ex-wife until the former wife remarried in accordance with Article 8 of government Regulation number 10 of 1983 concerning marriage and divorce permit for civil servants.  The rules governing divorce of civil servants are not in accordance with Islamic law which requires only until the time of provision of the living until the end of Iddah. The wife who has been divorced and has ended the bonds of a husband, then she does not have any relationship nor with anyone. Then it is impossible that someone who has been dissent is still obliged to provide a living to someone who also has no formal relationship or association.