Fathia Putri A

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IDDAH

Iddah means to count something. The Maliki school of thought says that iddah is a time or period
that is used as evidence of the cleanliness of the uterus due to separation in marriage or because of
the death of the husband or because of the divorce from the husband. The iddah period does not
apply to Muslim women who are separated from their husbands but have never had sexual
relations. The rule of the iddah period only applies to those who have had a husband-and-wife
relationship.

The function of the iddah period is to maintain offspring. When a person separates and performs
the iddah period, its function is to ensure that the woman's uterus is completely clean. So, if there
is a man who marries the woman, then it is really clean and there is no more mixture of semen
from the previous husband. If there is a mixture, it is feared that it will result in the uncertainty of
whose child the womb is, as well as the loss of clear offspring.

The period of iddah of a Muslim woman depends on her condition at that time. A woman whose
husband dies while pregnant, then her iddah period ends only after she gives birth to the baby. For
a Muslim woman who is left behind by her husband who is not pregnant, the iddah period is four
months and ten days. Another rule applies to women who are divorced or divorced by their
husbands. There are two kinds of divorce that a husband can apply to his wife, namely raj'i divorce
or divorce that can still be reconciled, and ba'in divorce or triple divorce and this cannot be
reconciled. For women who are divorced by raj'i divorce while menstruating, the Muslim women's
iddah period is three menstrual periods. For women who do not menstruate, the valid iddah period
is three months. Meanwhile, for those who are pregnant, as previously mentioned, this period of
Muslim women's iddah is until the child is born. Meanwhile, for women who have been in triple
talaq, only need to wait for one period to make sure she is not pregnant. The rule of the iddah
period for one menstrual period also applies to Muslim women who are suing for divorce.
 RUJUK

Rujuk according to the term is to restore the legal status of marriage in full after the talak raj’i was
carried out by the ex-husband of his ex-wife during his iddah with certain words. Kinds of Rujuk:

1. Rujuk to divorce raj’i

The Muslims have agreed that the husband has the right to reconcile his wife in talak raj’i as long
as he is still in the iddah period without considering the wife's consent, Fuqoha also agrees that
this shari'a talak raji must occur after dukhul (association) and reconciliation can occur with words
and witnesses.

2. Rujuk to Talak Bain

Divorce can occur because the number of divorces is less than three. This happens to those who
have not had sex without dispute. Divorce can happen to a wife who accepts khulu‟, with
disagreements. The law of reconciliation after divorce is the same as for new marriages, namely
regarding the requirements for a dowry, guardian, and approval. However, the jumhur fuqoha are
of the opinion that for this marriage, the end of the iddah period is not considered.

Purpose of Rujuk

a) To rebuild their broken family due to divorce.

b) To re-establish a marriage bond that was almost broken due to divorce.
c) To give the ex-husband and wife the opportunity to re-establish their household properly
as before
d) To restore the purpose of marriage, because the goodness of marriage will not be realized
before both husband and wife both live in the bonds of the contract

With the reconciliation system regulated by Islamic law, it means that Allah SWT has provided an
opportunity for his servants to restore the bond and purpose of marriage. The wisdom of Rujuk is:

a) Avoiding God's wrath, because divorce is something that is very hated.

b) Repent for past mistakes to be determined to fix them.
c) To maintain the integrity of the family, and avoid family divisions. What's more is to save
the future of children, for couples who already have children. It is known that divorce that
occurs for any reason still has a negative effect on children.
References

HARAHAP, H. (2021). HAK ISTRI MENOLAK RUJUK DALAM MASA IDDAH TALAK RAJ’I PERSPEKTIF
SYAFI’I DAN KOMPILASI HUKUM ISLAM (Doctoral dissertation, Fakultas Agama Islam, Universitas
Islam Sumatera Utara).

www.kumparan.com. (2021, 5 Oktober). Tata Cara Rujuk dalam Islam Lengkap dengan Syarat dan
Rukunnya. Accessed on July 3, 2022, from https://kumparan.com/berita-hari-ini/tata-cara-rujuk-dalam-
islam-lengkap-dengan-syarat-dan-rukunnya-1wf0J9Q024L

www.kumparan.com. (2020, 24 Juni). Apa yang Dimaksud dengan Masa Iddah dalam Islam?. Accessed
on July 3, 2022, from https://kumparan.com/berita-hari-ini/apa-yang-dimaksud-dengan-masa-iddah-
dalam-islam-1tfnBKSEvtE/full

www.republika.co.id. (2020, 2 April). Mengenal Masa Iddah Bagi Muslimah. Accessed on July 3, 2022,
from https://www.republika.co.id/berita/q85gem430/mengenal-masa-iddah-bagi-muslimah