Fiteriana, Habibah (2023) Kontekstualisasi Konsep ‘Iddah Suami Pasca Perceraian Perspektif Maqashid Syari’ah (Studi Kasus di Desa Tanah Habang Kecamatan Batang Alai Selatan Kabupaten Hulu Sungai Tengah). Tesis, Pascasarjana.

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ABSTRAK

: 210211050125. Contextualization of the Husband’s ‘Iddah Concept Post-Divorce in Maqashid Shari’ah’s Perspective (Case Study at Tanah Habang Village, South Batang Alai District, Central Hulu Sungai Regency), Prof. Dr. H. Fathurrahman Azhari, MHI. and Dr. H. Nuril Khasyi‟in, Lc., MA., in the Master of Family Law Program at Postgraduate UIN Antasari Banjarmasin. (2023). Keywords: Contextualization; Husband’s Iddah; Maqashid Shari’ah; Tanah Habang Village. This research begins with an effort to examine the context of the husband’s ‘iddah in Islamic law by using maqashid shari’ah’s perspective to argue that there are certain conditions that can cause the enactment of ‘iddah for husband, which will also be juxtaposed with the discovery of similar cases in the community of Tanah Habang Village, South Batang Alai District, Central Hulu Sungai Regency. This type of research is empirical legal research using the Legal Sociology Approach and the Legal Anthropological Approach. The chosen location was Tanah Habang Village, South Batang Alai District, Central Hulu Sungai Regency. The subject of this thesis research is a husband who already has four wives, where one of the wives is divorced and the husband remarries a new women while the divorced wife’s ‘iddah period hasn’t ended. The objects of research include legal effectiveness, implementation of the rule of law, compliance with the law, the influence of the rule of law on certain social problems or conversely the influence of social problems on the rule of law, as well as the role of institutions or legal institutions in law enforcement. Sources of data were obtained through primary data from informant and secondary data from documents related to research. Data collection techniques by observation, interview and documentation. While the data analysis will be processed qualitatively. The results of the study show that in Islamic law the husband’s ‘iddah concept can occur in two situations. First, when the husband marries a new women as the fifth wife while the fourth wife who is divorced is still undergoing the ‘iddah period. Second, when the husband marries his wife’s mahram, but her ‘iddah isn’t yet complete. Regarding the implementation of the husband’s ‘iddah concept in Tanah Habang Village, it isn’t in accordance with Islamic law because the husband married the fifth wife before the end of the fourth wife’s ‘iddah period whom he divorced and was categorized as a fasid marriage or contrary to the ultimate goal of maqashid shari’ah, namely hifdzu ad-din (maintaining religion) and hifdzu an-nasl (maintaining offspring).

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