Married in “Iddah Cerai Mati" from the Perspective of Islamic Law

and Marriage Law

Tutik Hamidah

, Isyraqun Najah

and Wahibatul Maghfirah

Universitas Islam Negeri Maulana Malik Ibrahim Malang

Keywords: marrying in the iddah period, rural community, Islamic Law

Abstract: In Islamic law marrying in the iddah period is haram. Likewise, the marriage law number 1 of 1974

stipulates a period of iddah for women. However, the implementation of the iddah in the community is still

not running as the rules, especially “iddah cerai mati”. This article examines the implementation of “iddah

cerai mati” in rural communities, namely in Pakuniran District, Probolinggo Regency. Pakuniran district

consists of 17 villages. This study took three informants from each village. Data collection techniques are

observation and interview. The results showed that the majority of women were married during the iddah

period. They married a week, two weeks, a month after her husband died. The factor that causes not to

implement "iddah cerai mati" is the ignorance, poverty, and habits. Poverty can be said as a trigger in doing

"iddah cerai mati". Therefore, according to the researcher, poverty can decrease the period of ‘iddah. In the

future, there must be more research on the implementation of the iddah in the community because iddah is a

fundamental Islamic marriage law.

1 INTRODUCTION

The phenomenon of irregularities in Islamic family

law in society is widespread. Among others,

irregularities in marriage, namely sirri marriage

(Aziz, 2018), which is married not recorded at the

Office of Religious Affairs (KUA) (Arsal, 2012);

irregularities in divorce, namely divorce outside the

Religious Court (Saputra, 2012); domestic violence

(Harahap, 2006). These irregularities can be known

readily because there are shreds of evidence and

there are institutions that take care of them.

However, deviations in the iddah are demanding to

know, because iddah is an individual's

responsibility. There is no institution in charge of

recording the iddah, let alone the “iddah cerai mati”.

Study of the iddah revolves around the following

themes. First, iddah is considered to be

discriminatory towards women, because only

women are obliged to be iddah, while men are not

obliged, therefore there needs to be a new

interpretation of iddah (Azis, 2010). Second, how is

the implementation of iddah for career women who

have to leave home to work? In this case, the career

woman who is carrying out the iddah may go out of

the house to work, but must still maintain herself in

association and communication with men.

(Muttaqin, 2014). Third, the concept of Iddah

according to the Shafi'i school, that the iddah begins

in the holy period, not during menstruation (Salam,

2017).

The absence of divorce in rural communities has

not received the attention of researchers. In rural

communities, women who die of their husbands do

not carry out the iddah as they should. They have

remarried within a week, twenty-five days or a

month after the death of her husband where it should

carry out the iddah. It is a waiting period, not

allowed to marry for four months ten days or

approximately 130 days. Ironically, this kind of

practice occurs in a Muslim-majority society.

This article examines women who do not carry

out “iddah cerai mati” in Pakuniran District,

Probolinggo Regency. The majority of the

population in Pakuniran District, Probolinggo

Regency are Moslems, even Probolinggo Regency is

nicknamed as the city of “santri” ("Daftar julukan

Kota di Indonesia," 2018). Such a city has many

pesantren, namely educational institutions that teach

Islam with specific characteristics. However, despite

being nicknamed the city of santri, the law of iddah

is not carried out by the majority of the community

Hamidah, T., Najah, I. and Maghﬁrah, W.

Married in “Iddah Cerai Mati" from the Perspective of Islamic Law and Marriage Law.

DOI: 10.5220/0009932916291635

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 1629-1635

ISBN: 978-989-758-458-9

1629

in one of its sub-districts, namely Pakuniran sub-

district.

This article describes the factors and motivations

for not implementing the “iddah cerai mati” in the

Pakuniran sub-district community where the

population is predominantly Muslim. What is the

opinion of Islamic community leaders regarding the

violation of the law of iddah that occurred in their

area? The purpose of this study is to be able to map

the problem of implementing iddah in the

community. On the other hand, by knowing the

problem of implementing iddah, it is also possible to

know the right solution to be able to carry out the

iddah properly.

2 LITERATURE REVIEW

2.1 “Iddah Cerai mati” in Islamic Law

and Law No. 1 of 1974

According to Islamic law, Iddah is a waiting period

for a wife who is separated from her husband, either

because of divorce or because of death. In the

waiting period, a woman is prohibited from

accepting a proposal to marry a man, is prohibited

from holding a marriage contract, even prohibited

from preening (Mathlub, 2005; Hasan 2006; Ayyub,

2005). Prohibited from leaving home, except in very

urgent circumstances, such as work (Somad, 2010;

Ghozali, 2012; Ringkasan Fikih, n.d.).

The purpose of the iddah is to respect marriage,

that is, if marriage is not easy to break, there is a

waiting time to think about its continuity. Therefore,

after divorce, one cannot immediately remarry.

Besides that, it is also to ensure that the wife is not

pregnant. According to the 'ulama, the iddah is the

area of ‘ta'abbudi’ or worship (Wahbah Az-Zuhaili,

n.d.). Therefore, only women are obliged to be

iddah, while men are not obliged (Mayasari, 2016).

Even though in this day and age, iddah is

reinterpreted. Based on the wisdom, so that the

husband is obliged to be iddah. Because in the view

of contemporary Islamic law, 'iddah is a matter of

ethics, not pure worship (Rohman, 2013).

The law of “iddah cerai mati” is divided into

two, namely "iddah cerai mati" in a state of a

pregnant and non-pregnant wife.

First, the law of "iddah cerai mati" if the wife is

not pregnant. According to Surat Al-Baqarah (2):

234 iddah for a wife who has “iddah cerai mati” and

is not pregnant is four months and ten days. During

the iddah period, a wife may not marry or even be

allowed to be married. She also had to carry out

"ahead," which meant that she was not allowed to

leave the house, not to be preening, not to act that

could attract the attention of men.

Second, “Iddah cerai mati” in a pregnant wife's

condition. Based on QS. At-Thalaq: 4, the woman

who is pregnant 'the iddah is to give birth. For

women who are pregnant as well as their husbands

die, there are differences of opinion among scholars.

First, the iddah is to give birth and second, to choose

a longer one. That is, whichever is longer, between

“iddah cerai mati” and iddah pregnant.

2.2 “Iddah Cerai mati” According to

Marriage Law No.1 in 1974

"Iddah Cerai mati" according to Law No. 1 of 1974

article 11 paragraph (2) is 130 days. There is no

difference in the provisions of the iddah between

Islamic law and the marriage law in Indonesia. Both

are on the mandatory legal status and the time

provisions (Zuhaili, 2011; Asmin, 1986). Thus, it

can be concluded that iddah has a strong position

both in Islamic law and in legislation in Indonesia.

2.3 Alimony During ‘Iddah ‘Cerai

Mati’

Alimony or giving the basic need for a wife is an

obligation of a husband (Al-Jazr, 2003; Sabiq,

2008). Alimony means to give a basic need to wife,

which includes food, drinking, clothing, medicine,

shelter, services, etc. according to reasonableness.

Ulama agree with these obligations (Al Jauziyyah

,



1432 ; Sabiq, 2008). This obligation is based

on Q.S.4;(34)” Men are in charge of women by

[right of] what Allah has given one over the other

and what they spend [for maintenance] from their

wealth”, dan Q.S,65(7)” Let a man of wealth spend

from his wealth, and he whose provision is restricted

- let him spend from what Allah has given him.

Allah does not charge a soul except [according to]

what He has given it. Allah will bring about, after

hardship, ease”. And Q.S. 2(233) “Upon the father is

the mothers' provision and their clothing according

to what is acceptable”.

In addition, the hadith also explains the

obligation of the husband to provide a basic need for

his wife. Among these hadiths are "It is narrated that

a friend who asked the Prophet Muhammad," what

is the right of the wife to the husband? The Prophet

Muhammad replied, "You feed, and when you eat,

you clothe when you are dressed, do not hit her face,

do not vilify her and don't snap except inside the

house" (Al-Jazr, 2003; Sabiq, 2008). Based on the

ICRI 2018 - International Conference Recent Innovation

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verses and hadith, we can conclude that the husband

is obliged to provide a basic need for his wife. This

obligation can fall in the condition that the wife does

not obey her husband (nusyuz) (Al-Jazr, 2003;

Sabiq, 2008), or the wife let it go (Sabiq, 2008;

  Mahmud Syaltut and Sayis,

Muhammad Ali ,  1986 ).

The obligation to provide a basic need is

stopped when the husband dead (Sabiq, 2008;

Zuhaily, 1985). Ulama agree with the wife is obliged

to carry out iddah four months and ten days, and the

wife does not have a right to ask a basic need. The

argument put forward is that with death, the

marriage bond is broken. With the breakup of a

marriage, there is no obligation for the husband. If

the husband has inheritance, the heirs are entitled to

the inheritance. The wife is one of the heirs. The

primary need of the wife whose husband has died is

from the inheritance part. Whereas when the

husband does not leave the property, the basic need

of a wife is her responsibility. Heirs have no

obligation to replace the obligations of a dies

husband (’Aqlah, 2015).

‘‘Ulama of the mazhab agreed on these

provisions except Imam Ahmad bin Hanbal. It is

reported that Imam Ahmad bin Hanbal argued that if

the wife who was left dead by the husband was

pregnant, then the husband was obliged to give a

basic need for his wife until she gives birth.

Likewise, the child who is still in the womb is the

heir who gets a part of the assets of his/her dead

father. Therefore, the basic need of baby's womb is

taken from the inheritance part (’Aqlah, 2015).

2.4 Shelter's Wife During Iddah ‘Cerai

mati'

The husband must provide a shelter for the wife

as long as the husband lives based on Q. S.[65]:6,

“Lodge them [in a section] of where you dwell out

of your means and do not harm them in order to

oppress them”. However, when the husband dies, the

obligation falls. The assets of the dead people turn to

their heirs. However, Imam Abu Hanifah believes

that if the house occupied by the husband is a house

owned by a husband, not rented, or rented but has

been paid for, then the wife can stay in the house

until the end of her iddah period.

However, if on the contrary, the house is rented

but not paid yet, then the wife does not have the

right to live in that house. Because the wife does not

have a right for that house rented. Whereas the

husband's assets have been transferred to the right of

the heirs based on the dead of her husband and the

marriage relationship has been broken due to death.

The opinion of Imam Abu Hanifah is based on the

hadith of the Prophet Muhammad, "that the basic

need and residence of the wife is the duty of the

husband if the husband has the right of ruju’”. Imam

Malik agreed with Imam Abu Hanifah by giving an

additional, if the husband had had sex with his wife.

If the husband has not had sex with his wife, then

the wife may not stay in the husband's house. Imam

Syafi'i and Imam Ahmad bin Hanbal also had the

same opinion among other opinions (’Aqlah, 2015;

Sabiq, 2008).

2.5 Childcare (anah) During ‘Iddah

‘Cerai mati'

Childcare is maintaining, fulfilling their needs,

loving and educating them, so that they can grow

and develop optimally both physically,

psychologically, and intellectually, without any

obstacles in the family environment. As Ibn

Qudamah said "care and parenting for children are

mandatory because children will perish without care.

Care is a kinship of children and guardianship right”.

Parenting is the mandate of Allah SWT to both

parents in this world.

The most entitled to take care of children is the

mother, because of the mutual closeness of mother

and child, more than anyone else (’Aqlah, 2015).

The cost of parenting when his father died was to his

grandfather if the grandfather was still alive. If no

one cares the child, then the mother must pay for the

child’s care. According to Imam Abu Hanifah, it is

not permissible to take children's assets obtained

from his father's inheritance for the cost of care.

Because the property will be needed by the child in

his/her adult period (’Aqlah, 2015).

2.6 Alimony During ‘Iddah Cerai Mati

According to the Law in Indonesia

The place of residence of the wife during the Iddah

cerai mati according to the Compilation of Islamic

Law in Indonesia (KHI) is the duty of the husband.

As stated in KHI article 81, "A residence is a proper

place of residence for a wife during a marriage bond,

or Iddah for divorce or Iddah cerai mati" (Kompilasi

Hukum Islam (KHI), n.d.).

The article is in line with the mazhab of Syafi'i

which requires giving a place to live but does not

provide alimony (Sabiq, 2008; Zuhaily, 1985).

However, according to Mahmd Syaltut, the

provision of a place of residence is inseparable with

Alimony, because both are basic needs even though

Married in “Iddah Cerai Mati" from the Perspective of Islamic Law and Marriage Law

1631

they are only called one of them, then the others are

automatically included in that definition. ( 

 Mahmud Syaltut and Sayis, Muhammad

Ali ,  6198 ). Based on Syaltut's

opinion, both the residence and the alimony of the

wife during Iddah cerai mati are the obligation of the

husband. Thus, it means taken from the husband's

inheritance, before being inherited.

When compared rationally between the views of

fiqh which do not give residence rights and alimony

to the wife left dead by the husband based on KHI in

Indonesia that gives the right to residence, it seems

more human what is stipulated in KHI. A wife

whose husband has died is indeed experiencing

psychological loss and shock. Moreover, added to

the loss of residence and income when in the period

of iddah, according to the provisions of fiqh. When

Syaltut discussed the alimony and residence of his

wife in the period of ‘Iddah cerai bain, where there

were differences of opinion among the mazhab, he

chose an opinion that gave the place of residence

rights and alimony with humanitarian arguments. He

refers to QS. Al-Baqarah {2}:237, “and do not

forget the service (good relations) among you".

Therefore, the provisions of KHI that provide a

place to stay, during the period of Iddah cerai mati

are in line with QS. Al-Baqarah {2}: 237, that is

giving respect to the wife for her services in her

marriage and maintaining good relations. Giving a

place of residence, based on Syaltut's view, can be

extended by giving aalimony. Whereas if the

husband does not have a place to live, then the wife

still has to implement ‘iddah. The cost of her life is

her responsibility or her guardian (’Aqlah, 2015).

2.7 The Obligation of Mourning

(Idd) in the ‘iddah period

Women in the period of Iddah cerai mati must

be idd, namely staying at home both day and

night, may not be decorated and may not

communicate with men, not muhrim. It is to show

respect for her late husband and family. However,

according to the author of the Fiqh Sunnah, if the

woman should be to bear the costs of her life, and

she needs to go out to work, then the provision must

stay in the house to be fall. Sabiq stated, staying at

home is worship. While the worship is fall due to the

presence of uzur or difficulty (Sabiq, 2008), thus,

women who work may leave the house to work.

Whereas iḥdād in KHI is referred to in article 70,

namely the wife left by the dead husband, is obliged

to mourn during the iddah period to show

condolences for the death of her husband and to

safeguard the occurrence of slander (Kompilasi

Hukum Islam (KHI), n.d.). In the article, it is not

stated how to mourn, whether to stay at home as

discussed in jurisprudence or be sufficiently

condolent, as is customary in Indonesia.

3 METHOD

The type of research is empirical research conducted

by doing observation in the field to obtain the data

directly. Empirical research focuses on data taken

from informants (“Metode Penelitian Kualitatif,”

n.d.). This research is conducted directly where the

object lives in order to obtain data related to the

discussion of this research. Then, the objects to

research are women who do not carry out the "iddah

cerai mati," the person who married off the woman

in the period of iddah and Islamic religious leaders

in Pakuniran Subdistrict.

Viewed by the type of analyzing, this research

includes the group of description research. In this

case, research will explain and figure the

phenomenon that contains factors of not carry out

“iddah cerai mati” in Pakuniran district.

The research location is Pakuniran District,

Probolinggo Regency. Pakuniran Subdistrict is

located in the southeast of Probolinggo District, the

area of Pakuniran Subdistrict is 114.26 Km2,

Pakuniran District consists of 17 Villages. Pakuniran

District is chosen as research location because it has

a kind of tradition of women not carrying out “iddah

cerai mati” which is the object of this research.

Primary data is obtained directly from the source

then observed and recorded for the first time. It is

obtained by doing an interview directly without a

mediator to the informants. Data in this research is

obtained from seventeen women who did not carry

out "iddah cerai mati," seventeen "takmir musola"

who married off women and seventeen Islamic

religious leaders in Pakuniran District. From each

village, three informants were taken.

Analyzing data uses descriptive qualitative

analysis. In this step, all problems will be explained

and finished so that that reader will get

comprehension about the systematic process of

analysis. The researcher attempts to describe and

analyze it through the perspective of Islamic Law

and Indonesia marriage law, Number 1/1974. The

last step of processing data is the conclusion. This

step is conducted by taking important points yielded

from elaborating and discussing data.

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4 RESULT

4.1 The Socio-Cultural Conditions of

the Pakuniran Sub-District

Community

Geographically, the Pakuniran area is located in the

mountains. In general, the population is migration

from Madura Island. The everyday language used is

Madurese. The majority is Muslim, although there

are also non-Muslims. As a Muslim-majority

society, this does not mean that the majority

understands Islamic teachings. They still believe in

tradition and practice tradition in their daily lives.

Although Muslim, they are terrified of breaking

tradition because there is a belief that violations of

tradition will bring disaster. (As'ari, society leader,

Interview, Ranon village, 13 February 2018)

Educational institutions in Pakuniran sub-district

are still in the kindergarten to the junior high school

level, while the high school level does not yet exist.

It can be said that the majority of education is still

low. It results in the standard of living of the

population, who on average become farm laborers

(Hasan, society leader, Interview, Patemon Kulon

Village, 14 February 2018).

4.2 The Factors Causing the “Iddah

Cerai Mati” Were Not

Implemented in the Pakuniran

Sub-District Community

Seventeen women did not carry out the "iddah cerai

mati" which the researchers interviewed directly.

Seventeen of these women live in villages in

Pakuniran District. They do not carry out the "iddah

cerai mati," immediately get married after her

husband dies. Some married a week after her

husband died, there were two weeks, and one month

after her husband died.

Why did they make a marriage during the iddah

period? Their answers can be grouped into two:

First, they do not understand iddah; they do not

know there is an obligation of iddah. They

immediately married, so that there would be a living,

even though the average income received from the

new husband was only 20 thousand rupiah a day. As

stated by Jum'ati, "neng edisa kanjeh sobung

sepahammah ‘iddah, reng oreng benyak se awam,

akabin pole makle bisa se nyareh agin pesse ontok

nak kanak se asekola." (In this village no one

understands the term 'iddah, many people are

laymen, marriages do not reach the time' iddah so

that there are those who support children who are in

school). (Jum’ati, marriages in the iddah period,

Interview, Ranon Village, 13 February 2018).

Besides not understanding the law of iddah, the

other factor is poverty and no employment. While

the extended family also cannot be used as a

backrest, making them get married soon. Even his

family forced him to marry. As stated by Sittina,

“kauleh tak paham ‘iddah, ben esoro akabin bik

keluarga.” (I do not understand 'iddah, and my

family ask me to get married again) (Sittina,

marriages in the iddah period, Interview, Bucor

Wetan village, 24 February 2018). Marriage is seen

as the only way to support their children and

themselves.

Second, there are those who understand iddah

but do not implement it because of economic needs.

For their children's school, moreover, there are

children in the pesantren. As Sharia said, “kauleh

akabin pole polanah nak kanak kauleh neng e

pondok, sobung se akakanah.” (I did not carry out

'iddah because my child is studying at a pesantren,

needs funds, I have no funds. That is why I got

married). (Syariah, marriages in the idle period,

Interview, Glagah village, 23 February 2018 )

From the direct observations of the researchers,

in general, the condition of women who did not

implement iddah was poor, their education was an

only elementary school. Her husband died in poor

condition and had two or three children. His family

cannot be used as an economic backrest, because he

has his dependents. Therefore, his family also forced

him to get married immediately, because he was

sorry to see the suffering of his children. They attend

the “majlis taklim” in the village but never listen to

the law of iddah.

4.3 The View of Islamic Religious

Leaders in Pakuniran District

against Irregularities “Iddah Cerai

Mati”

As for the views of village leaders on the deviation

of "Iddah cerai mati," the researchers took two

elements. First, Islamic religious leaders who

married off women during the iddah period, namely

“takmir mushola” (namely muadzin and imam for

five daily prayers in a small mosque) and secondly,

Islamic religious leaders who did not marry off

women in the iddah period, namely figures of

Islamic community organizations.

Married in “Iddah Cerai Mati" from the Perspective of Islamic Law and Marriage Law

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4.4 The View of Islamic Religious

Leaders “Takmir Musholla”

Religious figures who married women in the iddah

period, which researchers interviewed as many as 17

people. Their position in the community is takmir

musolla. They stated that they married because of

pity. Economically, the woman who was left dead

(Faizah, 2014)is still small; no one can provide a

living. As Mahfud said, takmir musholla of Sagaan

village, "I married because I was asked by her uncle,

who felt sorry for the economic factor". However,

according to the researchers, who came directly to

the field, they married because they got rewards.

The female family gives a reward of 150 thousand to

300 thousand to a married religious figure. They

know the obligations of the iddah but are willing to

marry off women who are still in the period of

iddah.

4.5 The View of Figures of Islamic

Community Organizations

They stated that the Muslim community in

Pakuniran sub-district, in general, only received

education in elementary school, poor, which was the

factor they did not carry out “iddah cerai mati”. As

Habib Zen, a religious leader in the village of Bimo,

said, "that the people here are the majority of lay

people, do not understand iddah. It has become a

habit of the people not to carry out “iddah cerai

mati”. As a religious leader, I cannot ban, because

marriage is an individual right ". Likewise,

according to Ghanam, Islamic religious leaders from

the village of Gunggangan Kidul, "people here do

not understand iddah, carrying out marriage secretly,

is not celebrated. We cannot rebuke carelessly,

because it can be a dispute."

5 DISCUSSION

The factors that caused the 'iddah cer, ai mati' not to

be carried out were several things. Namely, not

understanding the law of iddah, ignoring the law of

iddah and poverty. Even though Pakuniran people

are mostly Muslim, but they do not understand

Islamic teachings well, especially the law of "iddah

cerai mati". Probably because most preachers were

in the city, paying little attention to the village

community as Pakuniran district. The Pakuniran

district community is located on the mountainside.

The majority of the population work as farmers.

They live in poverty. The average education level of

the population is still elementary school. As a result,

villagers have no understanding of Islamic

teachings. This finding is similar to Arsyad's finding

that public knowledge of the iddah is lacking

(Arsjad and Barakah, 2017).

The villagers' lack of understanding of the iddah

law is also due to the lack of attention and

supervision from officers of the Office of Religious

Affairs (KUA) whose main task is marital affairs.

This finding supports the findings of Ismail's

research that women marry during the iddah period

in Lampung Province. According to Ismail's

research (Ismail and Khotamin, 2017), the factor that

causes women to marry during the iddah period is

the absence of attention and reprimand from

community leaders.

Women's marriage during the iddah period is

also related to siri marriage (i.e., a marriage that is

not recorded at KUA). That was because they

carried out the marriage in a siri. In general, the first

marriage is carried out recorded. However, the

second marriage after a divorce or husband dies is

done in siri. Siri marriage is prohibited in the

marriage law number 1 of 1974, but there are no

sanctions as Faizah (2014) pointed out that there is a

legal dualism of the siri marriage in Indonesia.

The above factors that cause women to marry

during the iddah period, namely misunderstanding,

deliberate ignorance, and poverty cannot be used as

syara 'reasons for not implementing iddah. Because

iddah is an important part of the teachings of Islam

(Kaltsum, 2015)

All respondents, namely women who did not

implement iddah, stated that they did not implement

iddah because they were poor. They married two

weeks or one month after the husband's death even

though she should have carried out 'Iddah cerai mati'

for 130 days. By getting married, someone gives an

Alimony to fulfill their daily needs and their child,

from the husband who is newly married. This

practice is a violation of ‘iddah law. However, when

viewed from the cause, namely poverty, it can

cancel an obligation or at least reduce liabilities.

Because ‘iddah is worship. While one of the great

rules in the field of worship is fall, when there is

uzur' (IslamKotob, n.d., n.d.; ,2010 , ;

2010) Poverty, there are no costs for daily life not

only for themselves but also for their children, they

are uzur. Plus, the environmental condition is far

from the city, which is not the available job for

women. Thus, the violation is caused by uzur. In the

opinion of the author, the existence of uzur can

reduce the old provisions of 'Iddah cerai mati.

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6 CONCLUSION

Based on the data above, it can be concluded that the

people of Pakuniran Subdistrict, some do not

understand the iddah and some already understand

the iddah. The "takmir musholla" who acted

married, in general, they understood the existence of

the law of iddah, but they did not pay attention to

this teaching. According to the researcher, the

absence of attention to the iddah, due to not

understanding the teachings of Islam, the absence of

institutions that pay attention to iddah, let alone

punish violations of iddah. Whereas in Islamic law,

all schools require iddah towards women. As for

their acknowledgment that they are sorry for

widows, the poor, no one gives a living, in reality,

this is true. However, poverty which is used as an

excuse to remarry within one week, two weeks or

one month after the death of her husband, cannot be

justified, because both Islamic law and marriage

laws in Indonesia require iddah.

Not carrying out the iddah is a violation of

Islamic marriage law and Marriage Law No.1 Year

1974. The wisdom of the iddah is to maintain the

sanctity of “nasab” and respect the deceased

husband and his family — the reason for being poor,

even though it is following the reality, but according

to Islamic law cannot be justified. However,

according to researchers, poor conditions can

become uzur, which can reduce the period of ‘iddah.

Because ‘iddah is worship, which can decrease or

fall due to uzur.

In the future, there should be more research on

the implementation of iddah in the community.

Moreover, especially how the role of ‘modin,'

religious counselors, the Office of Religious Affairs

and the Religious Courts are towards the

implementation of the iddah in the community.

These institutions are the front guard for the

implementation of the law of Iddah and marriage

law in general in the community.

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