PANDANGAN ULAMA’ EMPAT MADZHAB TERHADAP SUAMI YANG TIDAK MEMBERIKAN NAFKAH IDDAH TERHADAP ISTRI SELAMA TALAK RAJ’I (STUDI KASUS DI DESA PASANGGAR KECAMATAN PEGANTENAN KABUPATEN PAMEKASAN MADURA)

Abstract

A living is a cost incurred by a person for someone who has become an obligation to provide for him, for example children, wife, whether this income is in the form of food, clothing, shelter, and other needs such as a house, kitchen and so on. Iddah is the waiting period for a woman who is divorced or divorced by her husband in which she may not remarry to another man during the iddah period, to find out how clean her womb is, and the calculation is sometimes using the aqra' count, the month count, or also up to  give birth to.  A woman who is undergoing an iddah period in Islam is entitled to rights such as living iddah, a place to live and other needs from her husband to meet her needs. That is Islamic law in regulating in detail and firmly the rights of a wife who is divorced by her husband, there are many arguments that oblige a husband to give rights to his wife who has been divorced or divorced, such as living iddah and housing. However, in reality, what happened in the lives of the people of Pasanggar Village, Pegantenan District, Pamekasan Regency, Madura, was very different from what had been stipulated in Islamic teachings.  So the practice that was carried out by the Pasanggar Village Community regarding giving an iddah to his wife was not good.  Therefore the authors make a research formulation 1) How is the understanding of the people of Pasanggar Village, Pasanggar District, Pamekasan Regency regarding iddah income, 2) what are the factors that do not provide iddah income, 3) what are the views of the ulama' towards the people of Pasanggar regarding husbands who do not provide iddah income against a wife who does not provide iddah during divorce raj'i. This research is included in the qualitative research which is a field research (Fuld resect).  Field research or (Fuld resect) focuses more on collecting data from predetermined informants.  The data sources used are primary and secondary data using qualitative data analysis. The results of this study can be concluded that the implementation of the fulfillment of the rights and obligations of the wife during the iddah period in Pasanggar Village, Pegantenan District, Pamekasan Regency, Madura, East Java, did not go according to Islamic law.  Because most of the Pasanggar community lacks economics and understanding of the responsibilities of providing iddah maintenance to the wife is still minimal, they think that if they are divorced, there are no more rights and obligations for husband and wife. Therefore, the custom practiced by the Pasanggar community is very contrary to Islamic law.  In fact, according to the custom of the people of Pasanggar Village, when a husband and wife have divorced (talak Raj'i), the husband does not provide iddah maintenance to his wife during the iddah period.  it is very detrimental for the woman who is divorced because her rights are not fulfilled.

Keywords: Islamic law, livelihood, Iddah Talak Raj'i.