Analisis Pertimbangan Hakim dalam Menentukan Nafkah ‘Iddah di Masa Pandemi Covid-19 Prespektif Maqosid Syariah (Studi Putusan Cerai Talak Nomor 652/Pdt.G/2020/PA.Rbg Dan Nomor 347/Pdt.G/2020/PA.Rbg)

Abstract

This article discusses to analyze the Balance of Judges of the Religious Court of Rembang in determining the amount of iddah living during the Covid-19 pandemic from the perspective of Maqosid Syariah. To achieve the research objectives, the researcher uses a file research type of research with a qualitative approach. Sources of data were obtained through primary data (related to the research subject) and secondary data (related to literature related to the object of research), with data collection techniques, both interviews (with judges of the Rembang religious court and the head of the Rembang religious court), observation and documentation. The results of this study indicate that the judge's consideration in determining the amount of iddah living during the Covid-19 pandemic the panel of judges at the Rembang religious court used the Recht vinding theory, this is because Law Number 1 of 1974 and other regulations do not regulate the amount of iddah living, as well as Islamic law in the Qur'an and Hadiths does not regulate in detail the level of iddah income, both maximum and minimum, which must be issued by the husband. In the perspective of maqosid sharia, it aims to bring benefits and consider various aspects of: hifzu al-din, hifzu al-nafs, hifzu al-‘aql, hifzu al-nasl, hifzu al-mal. The most important part is taking care of the soul. maintain the soul of an ex-wife because the calm of a mother will affect their children where a child has found comfort starting in the womb, therefore giving a living iddah will create benefits for all parties so as to minimize the impact of divorce.