DE JURE
Vol 15, No 2 (2023)

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

Jannah, Shofiatul (Unknown)
Firdaus, Dwi Hidayatul (Unknown)



Article Info

Publish Date
31 Dec 2023

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. Keywords: iddah; divorce; hermeneutics.

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Journal Info

Abbrev

syariah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

de Jure adalah jurnal yang mengkaji permasalahan syariah dan hukum baik hasil penelitian atau artikel telaah. Terbit dua kali dalam setahun pada bulan Mei dan November. de Jure diterbitkan oleh unit Penelitian, Penerbitan dan Pengabdian Masyarakat (P3M) Fakultas Syariah Universitas Islam Negeri ...