PANDANGAN KEPALA KUA SE-KOTA YOGYAKARTA TENTANG PEMBERLAKUAN SURAT EDARAN DIRJEN BIMAS ISLAM NOMOR: P.005/DJ.III/HK.00.7/10/2021 TENTANG PERNIKAHAN DALAM MASA ‘IDDAH ISTRI

Maulana Aulia Deka, NIM.: 20103050077 (2024) PANDANGAN KEPALA KUA SE-KOTA YOGYAKARTA TENTANG PEMBERLAKUAN SURAT EDARAN DIRJEN BIMAS ISLAM NOMOR: P.005/DJ.III/HK.00.7/10/2021 TENTANG PERNIKAHAN DALAM MASA ‘IDDAH ISTRI. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis discusses the circular letter issued by the Director General of Islamic Guidance No. P-005/DJ.III/HK.00.7/10/2021 concerning marriage during the wife's idah period, in which there are differences in the implementation of the circular letter from various KUAs in other regions and many of the surrounding community do not know about this regulation, causing uncertainty in its implementation The provisions in the circular letter are also considered inappropriate and there are contradictions in it, and there are no clearer provisions and conditions for the implementation of the circular letter. The purpose of this study is to find out whether the KUAs in Yogyakarta City have implemented the circular letter according to the existing provisions or the KUAs have their own way of implementing the circular letter. The method in this research is a qualitative research method. Where data sources are obtained and collected from processing results, namely primary data and secondary data. This type of research is qualitative with a field research method by describing the views of informants, namely the Head of the KUA in the City of Yogyakarta, the approach in this research is juridical-nomrative, which is an approach that is carried out by examining the approach of theories, concepts, examining laws and regulations related to this research or statutory approach. From this research it can be concluded that, the implementation of the Circular Letter of the Director General of Bimas Islam in KUAs in Yogyakarta City is divided into three ways, First, seven KUAs fully implement this circular letter and reject the practice of marriage in the idah period of his ex-wife, for widowers who want to get married but are still in the idah period of his wife are asked to wait until the idah period of his ex-wife ends. Secondly, three KUAs implement this circular letter by looking at the benefits that exist in the matter, if indeed the harm caused by delaying the marriage is greater then this circular letter can be set aside to achieve greater maslahah. Third, one KUA does not fully implement this circular letter because it is not considered ṣarih and there is no prohibition in Islam for widowers who want to get married even though they are still in the idah period of their ex-wife. The three views of the heads of KUAs in Yogyakarta City, when viewed from the perspective of maslahah mursalah, all three have great goodness and maslahat and all three views have maslahat in basic human life and for the public interest, not just wishful thinking and certainly have great benefits in the implementation of the three views.

Item Type: Thesis (Skripsi)
Additional Information: Pembimbing: Yasin Baidi, S.Ag., M.Ag
Uncontrolled Keywords: Dirjen Bimas, Surat Edaran, Masa Idah
Subjects: Hukum Keluarga
Hukum Islam > Fiqih > Pernikahan > Iddah
Divisions: Fakultas Syariah dan Hukum > Hukum Islam (S-1) > Hukum Keluarga
Depositing User: Muh Khabib, SIP.
Date Deposited: 29 Apr 2024 14:33
Last Modified: 06 May 2024 09:46
URI: http://digilib.uin-suka.ac.id/id/eprint/65017

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