Konstruksi Idah Suami (Studi Surat Edaran Dirjen Bimas Islam Nomor P-005/DJ.III/HK.007/10/2021)

Abstract

This research is motivated by a new regulation issued by Islamic Community Guidance concerning Circular of the Director General of Islamic Community Guidance Number P-005/Dj.III/Hk.00.7/10/2021 concerning Marriage During the Wife's Idah Period. This rule explains that in the provisions of point number 3, "Man's ex-husband can marry another woman if his ex-wife's iddah period is over". The presence of this circular letter can be understood that for husbands there is also a waiting period. Meanwhile, the reality that occurs in society is that idah only applies to women. The focus of this study is to look at the construction of Idah based on the Circular of the Director General of Islamic Community Guidance Number P-005/DJ.III/HK.00.7/10/2021. For further research, this research uses library research/library research methods using a normative juridical approach which is carried out by examining legal norms based on laws and regulations, theories and concepts related to the Circular Letter of the Director General of Islamic Community Guidance Number P-005 /DJ.III/HK.00.7/10/2021. The findings in this study that Idah is a condition of waiting for the wife after being divorced by her husband. Furthermore, the formulation of Idah in the Circular of the Director General of Islamic Community Guidance Number P-005/DJ.III/HK.00.7/10/2021 concerning marriage during the wife's iddah period is contained in Point 3 that ex-husbands can marry other women if they have his ex-wife's idling period is over. That is, the stipulation of the waiting period which was previously only stipulated for the wife, through this Circular Letter is also stipulated for ex-husbands in general circumstances, so that it is seen that there is an element of similarity and mutuality in the meaning, purpose and wisdom of iddah so that there is a new construction in the idah itself .