伊斯兰教律学院和印度尼西亚立法中的 "伊达 "问题

Ahmad Zamzam Saefi
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摘要

离婚后,妇女不能立即与她认为有能力取代其丈夫的男子结婚。根据女性主体的不同,离婚案件有不同的等待期。这段等待期在伊斯兰教中被称为 "iddah"。在其发展过程中,学者们对 "iddah "的期限有不同的看法。每个学派都对 "伊达 "的期限、终止 "伊达 "的条件以及妇女在 "伊达 "期间的权利和义务有自己的看法和规定。本研究是一项采用图书馆研究方法的定性研究。本文将讨论这些差异,以及各学派在确定 "iddah "期限时所依据的论点和法律依据。我们将探讨形成各学派观点的神学和法律观点。研究发现,总的来说,4 个菲克学派的 "伊达 "几乎是相同的,但在月经期和未怀孕妇女的离婚 "伊达 "上存在明显差异,这是由于对 qur'u 一词含义的理解不同。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Iddah dalam Mazhab Fiqih dan Perundangan Indonesia
After a divorce occurs, a woman cannot immediately marry a man she considers capable of replacing her husband. There are different waiting periods for divorce cases based on the female subject. This waiting period is known as 'iddah in Islam. In its development, there are differences of opinion among scholars regarding the periods of 'iddah. Each school of thought has its own views and provisions regarding the duration of the iddah, the conditions that terminate iddah, and the rights and obligations of women during the iddah period. This research is a qualitative research with a library research approach. This article discusses these differences, as well as the arguments and legal basis which are the basis for each school of thought in determining the length of 'iddah. We will explore the theological and legal perspectives that shape the views of each school. From the research it was found that in general the iddah according to the 4 Schools of Fikh is almost the same, a sharp difference is in the iddah of divorce for women who are still menstruating and not pregnant, which is based on differences in the meaning of the word qur'u.
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