Konsep Syibhu al-’iddah menurut Wahbah Az-Zuhaili dan relevansinya terhadap Surat Edaran Dirjen Bimas Islam nomor: P-005/DJ.III/HK.00.7/10/2021: Studi di KUA Kecamatan Purwakarta

Iryanti, Rida (2025) Konsep Syibhu al-’iddah menurut Wahbah Az-Zuhaili dan relevansinya terhadap Surat Edaran Dirjen Bimas Islam nomor: P-005/DJ.III/HK.00.7/10/2021: Studi di KUA Kecamatan Purwakarta. Masters thesis, UIN Sunan Gunung Djati Bandung.

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Abstract

background of this research is based on the importance of understanding the concept of syibhu al-‘‘iddah in Islamic law, particularly in relation to the waiting period (‘‘iddah) of a wife after divorce or the death of her husband. Wahbah Az-Zuhaili, as one of the contemporary Islamic scholars, provides an in-depth explanation of this concept, which serves as a significant reference in understanding the legal and social aspects of ‘‘iddah. However, in practice, the application of this concept often faces regulations established by the government, such as the Circular Letter of the Director General of Islamic Community Guidance No: P-005/DJ.III/HK.7/10/2021, which governs the procedure of marriage during a wife's ‘‘iddah period. This research aims to examine the relationship between the concept of syibhu al-‘‘iddah according to Wahbah Az-Zuhaili and the implementation of the Circular Letter at the Office of Religious Affairs (KUA) in Purwakarta District, to assess the alignment between fiqh theory and existing administrative policies. This study aims to analyze : (1) The implementation of Circular Letter No: P-005/DJ.III/HK.00.7/10/2021 on marriage during a wife's ‘‘iddah at the KUA of Purwakarta District; (2) The legal reasons for marriage postponement in the implementation of the Director General’s instructions; (3) The concept of syibhu al-‘‘iddah in accordance with Circular Letter No: P-005/DJ.III/HK.00.7/10/2021. The theories used in this study include the theory of maqāṣid al-sharī‘ah and maṣlaḥah mursalah. The role of maqāṣid al-sharī‘ah in Islamic legal formulation is based on the concept of maṣlaḥah, which consists of two main aspects: first, realizing benefit, goodness, and human well-being; and second, preventing harm and corruption. This research uses an empirical juridical approach, focusing on legal findings based on societal customs. The method applied is qualitative descriptive, using in-depth interviews, observation, and literature review for data collection. The data analysis techniques used include data reduction, data presentation, and conclusion drawing. The results show that the concept of syibhu al-‘‘iddah according to Wahbah Az-Zuhaili occurs when a mani‘ shar‘i (legal impediment) is present. Meanwhile, the Circular Letter of the Director General of Islamic Community Guidance No: P-005/DJ.III/HK.00.7/10/2021 prohibits a widower from remarrying during the ‘‘iddah of his former wife, applying generally to protect women's rights and to prevent covert polygamy. This circular letter strengthens administrative order and provides procedural clarity for marriage during the ‘‘iddah period.

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