Published 2024-01-04
Copyright (c) 2024 Teresa, Zuhraini, Abdul Qodir Zaelani (Author)
This work is licensed under a Creative Commons Attribution 4.0 International License.
Abstract
Iddah is one of the consequences that women must undergo after a divorce, whether divorce due to divorce or divorce due to death. The provisions of the Koran regarding iddah are absolute provisions that must be followed. The legal basis for iddah is found in the Al-Qur'an, surah Al-Baqarah verse 228, surah Al-Ahzab verse 49. The obligation of iddah is also regulated in the Compilation of Islamic Law (KHI) in article 170 paragraph 1. The wife is obliged to carry out the iddah period, while In article 170 paragraph 2 it is explained that men carry out the iddah period according to propriety. Of course, this causes problems in terms of relations between husband, wife and children, the family concerned, and women again experience discrimination where women have to carry out the iddah period according to the specified time while men do not carry out this term appropriately. There are no specifications regarding the length of time it will run, it seems like it's just a formality. The aim of this research is to find out the urgency with which the syibul iddah is implemented in society and also to find out the beneficial impact for women and men with the syibhul iddah from the perspective of maqasid sharia. This paper uses the library research method, using a descriptive analysis approach, namely by explaining the text in the KHI and other regulations in Indonesia regarding the existence of iddah and then analyzing it using maqasid sharia. From this explanation, the results of the author's analysis are that it is very urgent to have syibhul iddah to prevent hidden polygamy against women. Syibhul Iddah is needed in life to achieve the darruriyat interests, namely marriage.