Reformulation of the Concept of Iddah in The Compilation of Islamic Law Perspective of Negotiative Hermeneutics

Shofiatul, Jannah and Firdaus, Dwi Hidayatul (2023) Reformulation of the Concept of Iddah in The Compilation of Islamic Law Perspective of Negotiative Hermeneutics. De Jure: Jurnal Hukum dan Syar'iah, 15 (2). pp. 286-300. ISSN 2528-1658

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Abstract

Iddah is a rule that must be implemented by a woman after divorce from her husband, either due to death or divorce. This is stated in the compilation of Islamic law as one of the regulations in Indonesia. Reformulating of iddah aims to enable Islamic law to address issues in daily life brought about by a variety of changes. For this reason, the author uses a negotiating hermeneutic approach initiated by Khaled M. Abou El Fadl. This research uses a type of literature research (Library research) with qualitative methods. The result of this study finds that iddah obligation is the "responsibility" of both husband and wife after divorce. Just as the wife must ensure the cleanliness of her uterus, the husband must provide iddah for the fulfilment of iddah obligations. So, the reformulation related to the concept of iddah in the compilation of Islamic law is the period of payment of iddah after the court decision and the provision of sanctions for ex-husbands who do not fulfil their obligations by court decisions.

Item Type:	Journal Article
Keywords:	iddah; divorce; hermeneutics
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Dwi Hidayatul Firdaus
Date Deposited:	23 Jan 2024 11:27

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