The Urgency of Determining the Post-Divorce Iddah Payment Period in Indonesian Religious Courts

This study aims to provide legal justice for women after divorce. The determination of the period of payment of iddah income after divorce by the ex-husband to the ex-wife is very important because women who are carrying out the iddah period are not allowed to leave the house. For this reason, husbands are encouraged to provide iddah as stated in the word of Allah surah al-Thalaq:1. But, after divorce, the man disappears regardless of his ex-wife, besides that the policy on determining the period of payment of iddah income has not been regulated in the legislation or the compilation of Islamic law. So this research is important to be carried out as an effort to realize justice for women. This research is a literature research (Library research), which is a study that presents a variety of data by the research topic which includes primary data, namely the concept of iddah in the compilation of Islamic law which will be analyzed using Islamic legal theory. The results of the study that the determination of the period of payment of income is very important to be stated in the laws and regulations in Indonesia. Because the obligation to practice iddah will also be carried out if the ex-wife does not experience any deficiency Even the state can determine sanctions for ex-husbands who do not provide iddah to ex-wives. Sanctions provide a deterrent effect and encourage husbands to comply with their obligations fairly and responsibly.


INTRODUCTION
Iddah is a right that a wife has after divorce or when her husband dies.During this period, the wife is entitled to receive financial support from her husband to meet basic needs and facilitate adjustment after separation.This provision is contained in the compilation of Islamic law article 149 and is by the teachings and recommendations of Islamic Shari'a.However, the reality is that in society, this practice (providing 'íddah after divorce) is not fully implemented, not a few divorced wives are simply released without obtaining the rights that should be obtained after divorce, and vice versa not a few husbands after divorce just let go of their responsibilities.
In Indonesia, the provisions of UUP and the Compilation of Islamic Law (KHI on women's rights after divorce in the form of iddah talaq are as follows: (a) the court may order the ex-husband to provide living expenses and/or establish something mandatory for the ex-wife, 1 (b) The husband is obliged to protect his wife and meet all the needs of his life, as well as possible, 2 (c) The husband is obliged to provide bread, food, and kiswa to the ex-wife during the iddah period unless the ex-wife has divorced ba'in or nusyuz and is not pregnant, 3 (d) A residence is an honorable place for a wife to live during the bonds of marriage, divorce iddah, or death iddah.(e) The husband shall provide housing by his ability to the surrounding circumstances, either by using tools or other household facilities and facilities. 4 this context, religious courts have a central role in determining the period of payment of iddah bread.Religious courts in Indonesia have been authorized by the state to resolve legal disputes and disputes relating to marriage, divorce, and other family matters.In the process of determining the period of payment of iddah bread, the Religious Court must refer to the principles of Islamic law applicable in Indonesia.The determination of the period of payment of iddah by the Religious Court is also closely related to the principle of justice and protection of women's rights guaranteed in Islamic law. 5 In Islam, the iddah is the responsibility of the husband towards the newly divorced wife, and this iddah period protects women in transition and recovery after divorce.Therefore, religious courts must ensure that their decisions in determining the period of payment of iddah reflect the values of justice and protection of women's rights.Based on research that has been done before, research on determining the rate of income is about the level of income that has not been regulated clearly and in detail, about the level of income that can be provided by the ex-husband, but the judge uses several legal bases in determining a decision that is the basis for consideration.Several factors are considered by the panel of judges in determining the amount of income that must be provided by the former husband after divorce to his wife and children: a) based on the appropriateness and ability of the husband as measured by looking at the husband's income every month, b) looking at the age of marriage that has been carried out, c) seeing whether the wife is nusyuz or not, d) adjusting between the needs and abilities of the husband according to the conditions of an area, e) see if a husband commits injustice against his wife, such as domestic violence. 7 Another study on the fulfillment of iddah income from the perspective of maslahah mursalah which discusses divorce talaq and divorce lawsuit cases in the process both fight for the fulfillment of iddah rights, as for the results of this study the judge has ijtihad to postpone the talaq pledge until the ex-husband is able to pay his obligations.This is considered in accordance with the theory of maslahah mursalah which determines the conditions, among others: 1) rational, 2) in line with maqashid sharia, 3) maintaining basic principles to eliminate difficulties. 8 In addition, in research on post-divorce income for his wife and children judges have considered two considerations, namely The imposition of the obligation to provide post-divorce support to wives and children is still the responsibility of the husband after divorce in the form of evidence presented in the trial, including photocopy of salary slips, the length of the marriage, the status of Nusyuz's wife or not and the husband's ability to provide for the ex-wife.As for the view of Islamic law, the provision of iddah is carried out for the benefit of both parties to the litigant known as al-maslahah al-mursalah, namely maintaining from land and maintaining expediency. 9 In practice, judges in religious courts in deciding a case have considered several factors such as the husband's income level, the wife's living needs, the number of dependents that must be borne by the husband, and consideration of family welfare after divorce.This is the ijtihad of judges collectively to fight for the livelihood of iddah.But in reality, there are still many ex-husbands who do not carry out court decisions.This is because there is no clear regulation ratified in the form of legislation or compilation of Islamic law about the period that is clear for the ex-husband to pay iddah after a court decision.
In this regard, the religious court must consider the social, cultural, and changing context of the times in making decisions regarding the determination of payment of income during the iddah period.The application of Islamic law must be flexible and interpretable according to the needs of today's Indonesian Muslim community.In this case, certainty related to the determination of the period of payment of iddah must be determined clearly and in detail to provide legal certainty and also protect women's rights to get justice after divorce.So that the obligation of iddah will be carried out by the provisions of the Shari'a.This study aims to provide legal justice for women after divorce.

METHOD
This research is a literature research (library research) which is a study that presents a variety of data by the research topic which includes primary data, namely the concept of iddah in the compilation of Islamic law which will be analyzed using Islamic legal theory in the form of books, books and supporting data derived from online news, magazines, newspapers and so on that have a direct or indirect relationship with the object of research The approach In this study using a qualitative approach, namely trying to find a deep understanding of problems that arise with certain symptoms, facts or reality that have a relationship with community behavior. 10That is by observing the concept of iddah in the compilation of Islamic law and the practice of implementing iddah provision carried out by the ex-husband to the ex-wife after divorce.Furthermore, the data that has been collected will be analyzed using data reduction steps, presentation or display of data, and conclusion or verification,11 namely selecting and presenting data related to the results of research on the practice of iddah and iddah livelihood in various regions in Indonesia as well as cases from social media, books and scientific papers, then analyzed using Islamic legal theory, resulting in a conclusion in the form of accommodating thinking on the problems of Islamic society, especially on the issue of iddah.

Ex-Husband's Obligation to Fulfill Iddah Income
Marriage is a commitment between a man and a woman to build a household.Both parties are legally bound after executing the marriage contract, the result is that both have obligations and rights that they did not previously have. 12In marriage God designs wisdom to actualize wisdom, bright direction, and noble purpose that reconcile the turmoil of human instincts, the majesty of the soul, and feelings with the sanctity of society.In addition, marriage is a process of uniting two personalities, attitudes, and thoughts between the two people.Therefore, physical and mental maturity is one of the conditions that must be met by both parties (prospective husband and prospective wife) before marriage so that there are no conflicts in the future that can lead to divorce. 13 Islam, divorce is considered a last resort when attempts at reconciliation and mediation fail to improve the relationship between husband and wife.Although Islam respects the institution of marriage and encourages the continuity of a healthy relationship between husband and wife, certain provisions allow divorce in irreparable situations.After a divorce, both husband and wife have certain rights and obligations that must be obeyed by both, especially the husband's obligation to the ex-wife , which is to pay a living, both iddah and mut'ah, especially if there is a burden mentioned in the judgment issued by the Religious Court. 14dah is a right that a wife has after divorce or when her husband dies.During this period, the wife is entitled to receive financial support from her husband to meet basic needs and facilitate adjustment after separation.The timing of payment of iddah varies depending on the religion, culture, and legal regulations applicable in each country.In Indonesia, the provisions of the Marriage Law in Indonesia and the Compilation of Islamic Law (KHI) on women's rights after divorce in the form of iddah talaq income are as follows: (a) the court may order the ex-husband to provide living expenses and/or establish something mandatory for the ex-wife, 15 (b) The husband shall protect his wife and provide for all the necessities of her life as well as possible, 16 (c) The husband shall provide bread, food, and kiswa to the ex-wife during the iddah period unless the ex-wife has divorced ba'in or nusyuz and is not pregnant, 17 (d) Residence is an honorable place for a wife to live during the marriage bond, iddah divorce, or iddah death.(e) The husband shall provide housing by his abilities by the surrounding circumstances, either by using tools or other household facilities and facilities. 18The provisions related to the amount of income in the form of shelter, food, and kiswa are adjusted to the propriety and ability of the husband based on his income. 19If maintenance is not carried out, then the wife has the right to sue the court for the husband's negligence in meeting her needs. 20

The Relevance of Iddah Income Payment to Ex-Wife After Divorce
In Indonesia, until now there is no clear provision on legal consequences if the husband fails to fulfill the obligation to pay iddah bread.This can cause uncertainty and hardship for wives who are entitled to receive iddah bread, as there is no effective legal mechanism to enforce their rights.The existence of a legal vacuum related to the regulation of the provision of the time for payment of iddah income can also provide an opening for abuse and exploitation.For example, in some cases, husbands may take advantage of this legal vacuum by deliberately delaying or avoiding the payment of iddah to the financial detriment of their ex-wives. 21erefore, it is important to overcome this legal vacuum and strengthen legal protections for women who are entitled to a living after divorce. 22The provision of income in the Compilation of Islamic Law (KHI) seems oriented which because of this position, in some cases, causes low power of wives in the household.The pattern of power relations is indeed influenced by many factors and the pattern of 'living' and 'living' relationships forms an unequal relationship.In the context of gender justice, this is certainly problematic and therefore the provision of livelihood in the IHL should also consider (the possibility of) women's involvement in the search process.In the context of earning a living for women is a choice.With this model, women have the right to be independent and involved in earning a living for their awareness and sincerity.It is part of the actualization and improvisation of women rather than just being at home.However, with the concept of gender justice, women who choose to take part at home (domestic sphere) must also be valued and should not be degraded. 23sed on the current reality of regulations and the context of Indonesian people's lives, steps can be taken for improvement which include drafting clear and firm regulations regarding the timing of iddah vacancies related to the regulation of iddah payment time provisions can be overcome and help create a fair legal system for all parties involved in divorce proceedings.
In this context, religious courts have a central role in determining the period of payment of iddah bread.Religious courts in Indonesia have been authorized by the state to resolve legal disputes and disputes relating to marriage, divorce, and other family matters.In the process of determining the period of payment of iddah bread, the Religious Court must refer to the principles of Islamic law applicable in Indonesia. 24The relevance of determining the period of payment of iddah income to Islamic law in Indonesia can be understood from several aspects.First, Indonesia as a Muslim-majority country recognizes Islamic law as one of the sources of national law.Therefore, the decision of the Religious Court in determining the period of payment of iddah must take into account the Islamic law in force in the country.
Second, the determination of the period of payment of iddah by the Religious Court is also closely related to the principle of justice and protection of women's rights guaranteed in Islamic law.In Islam, the iddah is the responsibility of the husband towards the newly divorced wife, and this iddah period protects women in transition and recovery after divorce.Therefore, religious courts must ensure that their decisions in determining the period of payment of iddah reflect the values of justice and protection of women's rights.Third, the relevance of determining the period of payment of iddah to Islamic law in Indonesia is also related to the balance between religious norms and the demands of modern life.Religious courts must consider the social, cultural, and changing contexts of the times in making decisions related to the iddah period.The application of Islamic law must be flexible and interpretable according to the needs of today's Indonesian Muslim community.25

Ijtihad Hakim in Determining Payment of Iddah Income
To maintain the relevance of the determination of the period of payment of iddah of religious courts to Islamic law in Indonesia, judges, and related parties need to have a good understanding of Islamic law, local traditions, and the social and cultural context in which Islamic law is practiced.Collaboration between religious authorities, Islamic legal scholars, and civil law experts is also important to ensure that decisions are taken on the principles of religion and justice recognized by Indonesian society at large.In practice, to fill the legal void regarding the determination of the time or period of payment of iddah bread, some judges in the Religious Court perform ijtihad.Ijtihad judges are important because judges need to understand Islamic law deeply and consider the social conditions and needs of individuals involved in divorce cases.The judge will conduct a review of the verses of the Quran, hadith, and fatwas of scholars, as well as relevant principles of Islamic law to reach a decision that is fair and by religious teachings.The determination of the period of payment of iddah income can also be influenced by various factors such as the husband's income level, the wife's living needs, the number of dependents that must be borne by the husband, and consideration of family welfare after divorce.Judges need to consider all of these factors in making decisions that are in favor of interests and fairness for both parties. 26wever, ijtihad hakim does not mean that every judge will give the same decision in a similar case.Because the ijtihad of the judge is subjective, the determination of the period of payment of iddah may vary depending on the understanding and interpretation of the judge examining the case.Nonetheless, the principles of Islamic law and the purpose of justice remain the primary guide in decision-making.In the context of religious courts, ijtihad hakim is not arbitrary.Judges must pay attention to legal certainty, justice, and the interests of the community in performing ijtihad.Therefore, it is important for judges to continuously improve their understanding of Islamic law and also dialogue with Islamic scholars and jurists to avoid erroneous and subjective interpretations. 27 several cases that occurred in religious courts, some judges have conducted ijtihad related to the period of payment of iddah bread, namely the determination of the period of payment of iddah before the reading of talaq, but this is contrary to panel of judges considers at least three aspects, namely juridical, philosophical, and sociological. 29First, the juridical aspect in which judges have performed their duties by the judicial authority contained in law number 48 of 2009, namely Article 10 paragraph 1 which explains the prohibition for judges to refuse to examine, try, and make decisions on a case.Second, the philosophical aspect is the payment of iddah and mu'tah income made before the talaq pledge.In Islamic law, ijtihad hakim is permissible; Judges are seen as mujtahids who have to make decisions and set laws.If there is already a law and the decision is taken on the grounds of qat'i, the judge may not perform his ijtihad.Therefore, judges are allowed to perform ijtihad in cases where there is no legal requirement, as long as the ijtihad does not contradict existing law and is used to uphold justice and the benefit of the people.
Third, the sociological aspect, namely the judge's step in fighting for the wife's support after the divorce is through a persuasive approach, not necessarily punishing to pay a certain amount, but also looking at the ability and ability of the applicant to pay so that there is no longer any reason for not being able to pay it.This certainly results in benefits for both parties to the litigation.30

Payment of Iddah Income Islamic Legal Perspective
Ijtihad hakim in a religious court ruling that advised the ex-husband to fulfill the rights of the wife after divorce, because of concerns about the husband who would not pay his obligations after the reading of this talaq pledge by the rules of Usul Fiqh, namely: ُ ُ ‫ال‬ َ ‫ز‬ ُ ‫ُُي‬ ُ ‫ر‬ َ ‫ر‬ ‫الَّض‬ "Madharatan must be eliminated".
In addition, avoiding damage takes precedence over taking care.In terms of iddah income, delaying the trial of the recitation of the talaq pledge is better than prompting divorce but the rights of ex-wives and children are neglected.
payments, as well as setting up effective and efficient law enforcement mechanisms to ensure the fulfillment of such obligations.With clear regulations and strong enforcement mechanisms, legal Ijtihad 36, no. 2 (2020): 51-66.
22Muhammad Fauzan, "Maqashid Nafkah Iddah Dan Perlindungan Perempuan," Jurnal Hukum Islam XVI, no. 1 (2016): 71-82., 75.23 Samsul Zakaria, "Nafkah Dan Ketimpangan Gender (Analisis Nafkah Dalam Kompilasi Hukum Islam)," SEMA Number 3 of 2015 dated December 29, 2015, concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2015 as a Guideline for the Implementation of Duties for the Court, Especially in the section of the results of the plenary meeting of the Religious Chamber in point 12 it is stated "in the judgment of divorce talaq, there is no need to add the sentence "order the Applicant to pay or pay off the burden of divorce shortly before or after the pronunciation of the talaq pledge" because it gives rise to premature execution."28 The rules of Usul Fiqh are below: This is in line with government provisions that want to guarantee the rights of women and children after divorce.This provision is contained in the circular letter of the Directorate General of Religious Justice Agency Number 1669 / DJA / HK.00 / 5/2021 concerning guarantees for the fulfillment of the rights of women