Regulation of the Director General of Islamic Guidance on Marriage of Husband during Wife's Iddah Period: An Effort to Develop Family Law in Indonesia

Abstract

This article examines the marriage of a husband during his wife's iddah period at the Office of Religious Affairs in Lampung Province, and analyzes the practice based on the Circular Letter of the Director General of Islamic Guidance. The purpose of this article is to review the reasons for considering the Circular Letter of the Directorate General of Islamic Guidance towards women's rights, and what relevance the Circular Letter of the Directorate General of Islamic Guidance towards the development of Islamic family law in Indonesia. The method used is qualitative, this type of research is field research, which is conducted at the KUA in Lampung Province, as a sample of Bandar Lampung City, Metro City and East Lampung Regency. Data sources in this research are primary and secondary data sources. Data analysis techniques using inductive framework, analysis using mashlahah theory. The result of the research is that the Circular Letter of the Director General of Islamic Guidance Number P-005/DJ.III/HK.00.7/10/2021 concerning Marriage of Husband in Wife's Iddah Period, is a regulation that regulates the prevention of husbands who want to marry during their wife's iddah period. The existence of this prevention is an effort to create balance between men and women in iddah arrangements, this will have an impact on the value of gender justice and create benefits between couples as an effort to protect the rights of women/wives. The Circular Letter of the Director General of Islamic Guidance on Marriage in the Iddah Period of the Wife should become the status of a law, which can be binding in general and broadly, and has legal force, this is important as the development of Islamic family law in Indonesia.Keywords: Regulation of the Director General of Bimas Islam, Iddah Period, Islamic Family Law