ANALISIS HUKUM ISLAM TERHADAP KETIADAAN ‘IDDAH PERCERAIAN KAWIN HAMIL (Studi Putusan No. 0330/Pdt.G/2014/PA.Kdr)

Muhammad Nashrullah

Abstract

This research focused on three cases, they are: 1) the consideration of judges, 2) the legal basis of the judges, 3) view of Islamic Law against the judgement and the legal basis for the judges establishes the absence of 'iddah in divorce to marry by pregnant. Consideration of the judges because both of them admit that they never do sexual intercourse after married. As according to the Shafi'iy Mazhab adultery is not cause 'iddah obligation; that causes the obligatory of 'iddah is ever do sexual intercourse after married. In Islamic law according to Shafi'iy and Hanafi Mazhab, not require 'iddah because the aim of 'iddah is keeping lineage, whereas adultery does not cause lineage relationship. Even if the required of 'iddah is premarital, not postdivorce, because according to Maliki and Hanbali Mazhab the function of ‘iddah is to know the cleanliness of the uterus.

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