Pengajuan Nikah pada Masa Iddah

Studi Kasus KUA Kecamatan Kandangan, Temanggung

Abstract

The administrative application for marriage intent is submitted to the Office of Religious Affairs (KUA) in the area where the marriage is to be conducted. This study is motivated by the phenomenon of marriage applications submitted by women who are still in their iddah period, which raises issues within the Islamic community. The purpose of this study is to identify the underlying motives behind such applications and to analyze the implementation of the Compilation of Islamic Law (KHI) concerning marriage applications during the iddah period at the KUA of Kandangan District. This research employs a descriptive qualitative method, with data collected through interviews with relevant parties. The gathered data were analyzed in stages to derive relevant conclusions.

 The findings reveal that the motive behind marriage applications during the iddah period, according to the officials at the KUA of Kandangan District, includes the prolonged separation between husband and wife prior to the legal divorce process. Divorce proceedings are often delayed and not initiated immediately after separation, leading to the assumption that the iddah period has passed socially, although not yet legally. Additionally, some members of the community lack adequate understanding of the legal provisions regarding the iddah period, both under Indonesian law and Islamic teachings. In its implementation, the KUA of Kandangan District rejects any marriage application if it is found that the prospective bride is still in her iddah period, as regulated by the KHI.