Analysis of Iddah Maintenance Provision for Divorce Lawsuit in Sema Number 3 of 2018 of the Maslahah Mursalah Perspective

Abstract

SEMA Number 3 of 2018 in the Legal Formulation of the Religious Chamber Point A Number 3, states that a wife in a divorce case can be sued for iddah as long as it is not proven that she can receive nusyuz even though in Islamic law it is stated that iddah maintenance cannot be given because of divorce on the wife's initiative. This provision can be a legal protection for wives who need post-divorce support. However, in practice there are still many decisions that do not accommodate this. Therefore, it is necessary to review whether the provisions of iddah and mut'ah maintenance in the case of divorce lawsuit are maslahah? Therefore, this study will analyze the terms of living iddah in the formulation of SEMA No. 3 of 2018 with the maslahah mursalah approach. It can be understood that the imposition of iddah and mut'ah as a form of protection for the wife in a contested divorce, when reviewing the suitability (munasib) between the benefits referred to by Maqasid as-Syariah as a form of protection for the wife in a divorce, is part of the maslaha daruriyyah. In this case it is to protect the soul (Hifzh an-Nafs) from limitations in meeting the necessities of life, especially food for wives who are undergoing their iddah period.