IDDAH FOR WOMEN PREGNANT OUTSIDE MARRIAGE UNDER ARTICLE 53 OF THE KHI: ISLAMIC LAW AND LEGAL CERTAINTY AT THE MEDAN AMPLAS DISTRICT OFFICE OF RELIGIOUS AFFAIRS AND THE MEDAN RELIGIOUS COURT

Abstract

The Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) regulates the marriage of women who become pregnant outside marriage under Article 53 without requiring a waiting period (iddah), even though this issue remains a matter of juristic disagreement (ikhtilaf) among Islamic legal scholars, resulting in non-uniform implementation in practice. This study aims to analyze the legal status of iddah for women pregnant outside marriage under Islamic law, examine the regulation of Article 53 of the KHI and its implementation at Offices of Religious Affairs (KUA) and Religious Courts, and assess its implications for legal certainty in Indonesian Islamic family law. The study employs a descriptive-analytical normative-empirical legal research design, combining statutory, conceptual, and Islamic-law approaches through library research with case and sociological approaches through in-depth interviews with five informants at the Medan Amplas District Office of Religious Affairs and the Medan Religious Court. The findings show that jurists are divided into three groups regarding the permissibility of marrying a woman pregnant outside marriage, while Article 53 of the KHI accommodates only one of these positions without expressly addressing the other two. Field findings reveal a clear disparity in understanding: one Marriage Registrar applies the article in a textual-administrative manner without considering iddah, whereas another registrar in the same office continues to recommend tajdid al-nikah on the basis of juristic caution. This disparity is aggravated by the absence of a standardized Standard Operating Procedure and creates a judicial loophole when the man marrying the woman is not the man who caused the pregnancy, requiring judges to refer to Constitutional Court Decision No. 46/PUU-VIII/2010. These disparities lead to non-uniform marriage administration, potential uncertainty regarding the legal status of children, inconsistency in Religious Court decisions, and psychological-religious anxiety within the community. The study recommends clearer implementing regulations or technical guidelines regarding iddah in marriages involving pregnancy outside marriage in order to strengthen legal certainty in Indonesian Islamic family law.