The Iddah Period as A Reason for Cancellation of Marriage

Abstract

The iddah period is a waiting period that applies to a woman whose marriage is broken legally through a divorce or physically through the death of a husband. Any woman who has not had a prior marriage must observe the iddah period. As one of the legal conditions of marriage, failure to complete the iddah period can result in the cancellation of any secondary marriages. In this study, judges release a verdict in accordance with the laws and legislation of Indonesia, namely Law No. 1 of 1974 on Marriage and a compilation of Islamic law found in Al-Qur'an and Hadith. This article uses legal research based on positive laws including judicial decision. This study concluded that if a marriage is prohibited for a failure to satisfy the condition of iddah, that marriage must be canceled. This article employs statute and conceptual approaches to legal research, as well as case study methodology, with the aim of departing from the views and doctrines that develop in law in order to build a legal argument that addresses legal issues.  Analyzing the Decision of the Mojokerto Religious Court Number 1365/Pdt.G/2014/PA.Mr, this study argues that prospective spouses are responsible for awareness of their prospective partners’ marriage eligibility and fulfillment of all requirements, material and formal, clearly stipulated in state and religious law.

Keywords: Iddah, Islamic Law, Marriage Cancellation