CD Skripsi

Kontribusi Hukum Islam Tentang Menentukan Masa Iddah Dalam Undang-Undang Perkawinan Di Indonesia

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Period in Law No. 1 of 1974 the provisions are almost the same as KHI.
However, in the case of the process for filing for a divorce until the divorce
takes place, the Law. No. 1 of 1974 the provisions differ from the provisions
contained in KHI. This is as stated in the Act. No. 1 of 1974 chapters 14-17.
The perspective of Law Number 1 of 1974 does not appear to regulate in detail
and comprehensively the terms or waiting times. The only article that talks
about waiting time is article 11, verses 1 and 2 are implications that are
considered to be influential in carrying out the iddah period. This study aims to
determine the contribution of Islamic law about determining the period of
iddah in Law No. 1 of 1974 concerning marriage in Indonesia to the present.
This research is a normative legal research, because it is based on
library research that takes excerpts from reading books, literature, or
supporting books that have relation to the problem to be studied, assisted with
primary, secondary and tertiary data sources. This study uses qualitative data
analysis and produces descriptive data.
From the results of the study, it was concluded that, First in article 38 of
the Marriage Law states that the marriage was terminated because; death,
divorce and the court's decision, contrary to the Compilation of Islamic Law
(KHI) referred to in Article 117 divorce is the husband's pledge before the
Religious Court which is one of the reasons for the termination of marriage or
called divorce. While the formulation of KHI Chapter VVII Article 153-155
concerning waiting period and the second part and Chapter XIX Article 170
concerning the period of mourning, iddah which only binds the wives with the
continuation of the ihdad period or the period of mourning for the wife
according to the length of the iddah time, the two conditions of practical reality
of the community modern, then the existing conceptions in the Marriage Law
and KHI need a solution as a meeting point in order to avoid a clash of ideas.
The way we have a state to reduce and avoid the extent of the bad side that has
not been declared by the State, the author's suggestion is, First, that the
government immediately renew the Law No. 1 of 1974 concerning Marriage in
Indonesia and the KHI in renewing Islamic law about the iddah period in
placing justice for women and as a form of strengthening national law. The two
authorities who are authorized by the ulema should need a socialization or
counseling about the implementation of the iddah period so that the public
knows and understands the iddah period.
Keywords: Islamic Law - Iddah - Marriage Law

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 03. 120 (0013)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – Hukum Tata Negara., 2020

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 03. 120 (0013)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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