PERNIKAHAN MELANGGAR MASA IDDAH DALAM HUKUM POSITIF DAN SYRIAT ISLAM

Abstract

According to Islamic law, marriage is a contract stipulated by Shara' to allow pleasure between men and women and legalize the pleasure of women with men. Marriage, which in religious terms is called "Nikah", is to make a contract or agreement to bind themselves between a man and a woman to legalize sex between the two parties to create a family life filled with love and tranquility in a way that is approved by Allah SWT. This research is a type of field research. The use of field qualitative types is because "research must go to the field, engaging with the community means participating in feeling what they feel as well as getting a more comprehensive picture of the place situation". In Islam, women who are carrying out the iddah period are prohibited from getting married. Because the fuqaha agree that it is forbidden to propose to a woman during the iddah period. Meanwhile, the iddah period has come into effect since a husband has pronounced a divorce and must be followed by three menstrual periods. The purpose of the iddah period is to carry out the commands of Allah SWT. If the woman has committed a prohibition during the iddah period, by marrying before the iddah period is over, the marriage is considered void according to Article 71 of the Compilation of Islamic Law and Article 22 of the Marriage Law Number 1 of 1974 and an application for annulment of marriage can be submitted according to Article 73 of the Compilation of Islamic Law. If you want to continue your marriage, you must do a new contract that is in accordance with the objectives, pillars and conditions of marriage. Both have had intercourse and have been running for a long time. If one of the two of them is aware of the law in the iddah period, then the hadith applies to an adulterer, namely stoning and binding.