Social Construction of Widow’s Marital Rights without Finishing Waiting Period (Idah) in Indonesia

moh., Ali and Sariroh, ST. and Rumawi, Rumawi (2021) Social Construction of Widow’s Marital Rights without Finishing Waiting Period (Idah) in Indonesia. Studia Iuridica Lublinensia, xxx (5). pp. 14-28. ISSN 2449-8289

Text Social Construction of Widow’s Marital Rights.pdf Download (337kB)

Abstract

Marriage without finishing idah is considered a legal action and allowed for unregistered divorced
women. It was implemented by H.S. who divorced her husband T.B. after he abandoned her and went
to Malaysia for one year and three months. Madurese, especially Landak village are religious communities. However, this social reality has denied that Landak people are religious communities. This
article deals with two research problems: 1) How is the social construction of married women without
finishing idah? 2) What are the opinions of the social construction of religious figures and society
about marriage without finishing idah in Landak village, Bangkalan Regency, Madura, Indonesia? The
result of this research reveals that the social construction of married women without finishing idah:
1) the social construction of married women without the idah indicates an idealistic motivation and
that there is a practical and a business motive; 2) according to the construction of religious figures and
society, the first – idealistic – motive is to prevent greater damage, the second – practical – is the
family welfare and the third are “humanism” and” society” aspects as interest motive, and fulfilling
the subject interest is as a practical motive.

Item Type:	Article
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law
Divisions:	Fakultas Syariah > Hukum Tata Negara
Depositing User:	St. Sariroh
Date Deposited:	09 Apr 2023 05:27
Last Modified:	09 Apr 2023 05:27
URI:	http://digilib.uinkhas.ac.id/id/eprint/22015

Actions (login required)

View Item