ANALISIS MASLAHA MURSALAH TERHADAP SIBHUL IDDAH STUDI KASUS DI KUA KECAMATAN CANDIROTO KABUPATEN TEMANGGUNG

Abstract

This study aims to find out Maslahah Mursalah about sibhul iddah or a husband who has just divorced from his wife is prohibited from marrying again before his ex-wife's iddah period is over. The KUA allows remarriage for husbands during the ex-wife's iddah, on condition that they obtain a determination from the Religious Court to remarry during the ex-wife's iddah period. Islamic law only stipulates the iddah for the wife, but there is a “new ijtihad” conducted at the KUA, Candiroto District, Temanggung Regency, which stipulates the iddah for the husband. The method used in this research is to use a qualitative research methodology with a descriptive approach, namely by using research that produces descriptive data in the form of written or spoken words. By choosing this qualitative method, the authors can obtain accurate data. Judging from the nature of the data presentation, descriptive method is a research that does not seek or explain relationships, does not test hypotheses or predictions. In the application of this research, the author uses the maslahah mursalah method to see the extent of the sibhul iddah. From the results of this study the authors can conclude that there must be several things to consider, such as: The principle of forming a happy and eternal family. The principle of the validity of marriage is based on religious law and belief for the party carrying out the marriage, and must be recorded by the authorized officer. The principle of open monogamy. That is, if the husband is not able to do justice to the rights of the wife, if there is more than one wife, then only one wife is enough. The principle of prospective husbands and prospective wives who have matured their bodies and souls can carry out marriages, in order to realize the purpose of marriage in a good and healthy manner, so that they do not think about divorce. The principle complicates the occurrence of divorce. The principle of the balance of rights and obligations between husband and wife, both in the household and in society. The principle of marriage registration. Marriage registrar makes it easier to know people who are married or have a marriage bond