IDDAH OF A PREGNANT WOMAN FOLLOWING THE DEATH OF HER HUSBAND: A STUDY OF TA’ARUDH AL -ADILLAH

: One of the consequences that must be endured by women after divorce, the divorce of thalaq, or divorce due to death is iddah. Enforcement of iddah for women after the divorce is not Islamic law-oriented but had existed before Islam came. In general, two verses explain about iddah which are considered ta’arudh al -adillah (considered contradictory) namely surah al-Baqarah verse 234 states that women whose husbands’ deaths receive iddah for four months ten days and surah ath-Thalaq ayat 4, Allah states that pregnant women get iddah until they give birth to their children. Therefore, this study aims to examine the iddah law of a pregnant woman whose husband has died based on the instructions of surah al-Baqarah verse 234 and surah ath-Thalaq verse 4, using ta’ar udh al-adillah. This type of research is a qualitative research that is literature research. Sources of data in this research involved books, scientific journals, articles, internet, legal products, and other forms of written documents relating to iddah. Methods of data collection in


Introduction
Marriage is a step to unite two people of different backgrounds and characteristics in one sacred bond, in order to preserve the continuity of human life. 1 This is in line with the maqashid sharia 2 , but not infrequently over time, the marriage is rifted and separated, either in the form of divorce or because of the death of one of the parties. 3This is the problem most feared by husband or wife because it has several consequences that must be endured. 4Determination of the iddah period for a pregnant woman whose husband dies aims to provide opportunities for her mourning after she has been berieved and it is on the grounds for appropriateness the berieved woman has to show by not remarrying too soon. 8This is logically very compatible with human interests, where the feeling of losing the person he/she loves so much can not just disappear, and to reduce the feeling of loss must take quite a long process. 9Thus, the iddah period aims to give time for emotional recovery of the woman left.
Ali bin Abi Talib and Abdullah bin Mas'ud are among others who have their different views on the period of iddah a pregnant woman has to take.Ali ibn Abi Talib claimed that "the iddah period for a pregnant woman who is left by her dead husband is as long as her pregnancy period (ath-Thalaq verse 4), added with four months and ten days in waiting (al-Baqarah verse 234)".Ali bin Abi Talib added that if a pregnant wife without husband due to death gives birth earlier before the time, which is four months and ten days, then she has to give it another wait in iddah period until it is appropriate for her to remarry.However, if she passes the iddah period before giving birth she just needs to wait until the birth. 10hile Abdullah bin Mas'ud argued that the iddah period for a pregnant woman who is left by her husband due to death is until she gives birth to her fetus even though the birth occurs before the four-month and ten-day maturity; this is appropriate in surah ath-Thalaq verse 4. The certainty of the fetus contained by the woman is apparent with the birth of a child.The iddah period of four months and ten days has the potential to cause legal conflict in the future. 11n general, the two verses above can be said to be two verses that are considered contradictory (ta'arudh al-adillah).Furthermore, the provisions regarding the iddah of a woman whose husband dies, as in surah al-Baqarah verse 234, state that the woman is allowed to have her iddah for as long as four months and ten days.This verse does not distinguish between a pregnant woman and the woman not pregnant.In this verse, Allah states that if a woman is left by her husband due to death, the iddah period is four months and ten days.
In surah ath-Thalaq verse 4, Allah states that a pregnant woman will have her iddah until she gives birth.This verse also does not distinguish between divorce (thalaq) or death divorce on husband's death.In general, this verse implies that pregnant women who are divorced by their husbands, both devorce and death divorce, have the iddah until they give birth.Thus, there is a contradiction (ta'arudh al-adillah) in the contents of these two verses for pregnant women whose husbands have died. 12The case of iddah for a pregnant woman whose husband dies in surah al-Baqarah verse 234 is general, and in surah ath-Thalaq verse 4, it is specific, then from one side of the iddah a pregnant woman is determined based on the content of surah ath-Thalaq verse 4. 13 This type of research is literature-based with documented information that has a relationship with the object of the research and is relevant to the focus of the problem to be discussed.This research is also descriptive exploratory (digging), the focus of which is trying to describe, discuss, and explore the main ideas drawn in a new case.The main idea of the research is based on the iddah law of a pregnant woman whose husband dies.
Following the topics that will be discussed and reviewed in this article, this research employed a socio-philosophical approach, intended to discuss social discourse and phenomena, as well as to look at the experience (empiric) about the iddah of pregnant women left by their husbands due to death.In contrast, the philosophical approach aims to analyze legal thinking related to this research.
The research data was obtained from books, scientific journals, articles, internet, legal products, and other forms of written documents that were related to the object of research and relevant to the focus of the problem discussed.Data collection methods in research involved how to read, compare, examine many sources of data, both primary and secondary, in order to obtain information about the object of discussion.
The data analysis method in this study used the data analysis method proposed by Miles and Huberman, namely data reduction, data presentation, and conclusion. 14For more profound data analysis, this study also used data analysis techniques, the bayani method.From the perspective of the discovery of Islamic law, there is also a method of finding al-bayan law. 15In the development of Islamic law, al-bayan approached at least a method known as hermeneutical that was intended to interpret or translate. 16econdly, Ta'lili reasoning is based on the assumption of the provisions set by God to control human behavior and to allow humans to perform logical reasoning or legal values17 .That is, basically ta'lili reasoning is a method of legal istimbath that seeks to use 'illat 18 as the primary tool.The third is the istislahi method.Maslahah mursalah theory is called istislah. 19Al-maslahah al-mursalah is also a method of legal discovery whose cases are not explicitly regulated in the Al-Quran and hadith.It is just that this method is emphasized more on aspects of maslahah (goodness) directly.The term that is often used in connection with this method is istislahi. 20

Law of Iddah for a Pregnant Woman left by her Husband due to Death from the Perspective of Surah al-Baqarah Verse 234
In surah al-Baqarah verse 234, there is an explanation that iddah for women as intended in this study is four months and ten days.This verse does not distinguish between women who are pregnant or not pregnant.In general, God states that if a woman is left by her husband due to death, then it can be iddah for four months and ten days.As elaborated in al-Baqarah verse 234: And those who are taken in death among you and leave wives behind-they, (the wives, shall) wait four months and ten (days).And when they have fulfilled their term, then there is no blame upon you for what they do with themselves in an acceptable manner.And Allah is (entirely) Acquainted with what you do. 21 general, the purpose of surah al-Baqarah verse 234 is that if a husband dies, his wife must stay and must wait for four months and ten days.The wisdom is to prove pregnancy at four months and the beginning of the movement (fetus) in the fifth month. 22The sentence faidha> balaghna ajalahunna means that the iddah ends or completes .This is further confirmed by the sentence falājunāḥa 'alaikum fima fa'alna fī anfusihinna means that there is no sin for you, (guardian) letting them act against themselves.The sentence refers more to self-beautifying or putting some fragrance bilma'ru> f means according to what is appropriate."That sentence means in a form that is not forbidden and is not meant". 23This verse shows the obligation of ihdad (left preening) in the period of iddah on a woman left by her dead husband. 24e sentence wallahu bimā ta'malūna khabīr means that Allah knows what you are doing, meaning "to know the actions of men outwardly and inwardly, visible or hidden, then surely Allah will reciprocate".25 Then for the saints with the word of Allah, falājunāḥa 'alaikum fima fa'alna fī anfusihinna means that there is no sin for you (guardian) to let them act against themselves.It is "the proposition that the guardian cares for the woman and forbids her from things that should not be done and force her to do what is mandatory and that this verse is presented to the guardian and is his responsibility". 26e phrase tuwaffā has the meaning of death.In using fluent language phrases, it is said tuwuffiya fulān which means someone has been expressed in the form mabni> maf> 'ul, even if the expression with isim fa'il (mabni> ma'lu> m) is considered by some experts nahwu considered as a wrong expression because the spirit is revoked.This is as in a hadith narrated by Abu Aswad ad-Du'ali when he was behind the body, so a man asked him minal mauta (who is deadly?),He answered, Allah s.w.t.That is why the laws of nahwu are laid.
Therefore, the pronunciation of alladzīna yutawaffauna in this verse means those who die or those who die. 27e pronunciation azwāju has the meaning of ānnisā' (female).The Arabs call men zauj in the sense of a husband and for his wife the word zauj (his partner).Sometimes they also add letter ta' marbu> t} ah so that it becomes zaujah, but this word is not fluent.
The word zaujah is used for men and women.It is a number consisting of two.Then each of the men and women is called zauj because the nature of zauj consists of two things united to become one thing.Therefore, in both of them, one pronunciation was used.
27 Jalaluddin Muhammad, Tafsir Jalalain, Juz 1, (Surabaya: Hidayah, 1997), 36.This is because even though in terms of their birth, there are two things, but in terms of their being one thing.The couple is indeed united so that each one seems to represent the other.In this pronunciation, it is a fragment of the minkum wayadzarūna azwāja sentence, which means that you have left your wives. 28r the word yatarabbaṣna, it has a meaning intiẓor which means to wait.The pronunciation of yatarabbaṣna means that they are suspending, which is a fragment of the sentence yatarabbaṣna bianfusihinna arba'ata ashhurin wa 'asrā, which all mean that the wives should hold themselves to remarry for four months and ten days following the death of her husband.This understanding is specifically for women who are not pregnant.As for women who are pregnant, their iddah until the time she gives birth is based on the verse in surah ath-Thalaq verse 4, while for slave women is half of this provision based on the sunnah provisions of the Prophet p.b.u.h.
Then the word ajl in the sentence balaghna ajalahunna has the meaning maddatu mad} rūbatu lishshai' (the time specified for something).Then it's said that the time that has been determined for man is called death, and what is meant in this verse is the end of the iddah period.As for the next pronunciation fala> juna> h} a 'alaikum fi> ma> fa'alna fi> anfusihinna bilma'ru> f which means they have no sin for you, saints let them do it to themselves, for example preening and preparing themselves for marriage in good terms following the provisions of Islamic law.Scholars believe that the verse in surah al-Baqarah verse 234 is nasikh for surah al-Baqarah verse 240 which explains iddah regarding a dead husband lasts for a full year and mansukh is four months and ten days. 29Syafi'iyah and Malikiyah generally support this opinion.Surah al-Baqarah verse 240 which erases (nasakh) surah al-Baqarah verse 234, as for the sentence of surah al-Baqarah verse 240: And those who are taken in death among you and leave wives behind-for their wives is a bequest: maintenance for one year without turning (them) out.But if they leave (of their own accord), then there is no blame upon you for what they do with themselves in an acceptable way.And Allah is Exalted in Might and Wise. 30me other scholars argue that none of the verses of the Qur'an is erased (mansukh), so the verse is only a deduction from a year, and this is not nasikh-mansukh, but a relief. 31Syi'ah scholars generally support this opinion.Al-Qurtubi said that "this opinion is very wrong and he believes that four-month-and-ten-day iddah is an eraser for one-year iddah". 32ccording to the scholars that surah al-Baqarah verse 234 is replaced by surah ath-Thalaq verse 4, which states that the iddah of a pregnant woman whose husband dies lasts for as long as her pregnancy period till she gives birth, and this verse erases (takhsis) surah al-Baqarah verse 234. 33According to Ali Ibn Abbas that there are two periods of iddah for a pregnant person, that is if a woman is pregnant and gives birth to a child before it expires four months and ten days, then iddah is four months and ten days.However, if a woman is pregnant while the period of four months and ten days has passed, and she has not given birth, then the period of iddah is until she gives birth. 34In other words, Abbas practiced the two verses, and he argued that in this case, ijma' (compromise) is more appropriate than choosing one of the two verses.
Thus, surah al-Baqarah verse 234 gives a clue that Allah obliges iddah for Muslim women to protect the family's honor and guard against splitting and mixing of tribes.That is, this aims to educate the ignorant people during the mourning period and to make this mourning period represent cleanliness, not defilement, in which this period is changed from a period of a year to four months and ten days.
If you look at the qarinah surah al-Baqarah verse 234, the author believes that this verse is devoted to women who are not pregnant while their husbands die because there is no need to use the latest technology to ensure a woman is pregnant or not pregnant.By practicing this verse, humans can easily find out whether a woman whose husband has died is pregnant or not.It is clearly known that pregnancy is vulnerable within four months and ten days.
The author agrees with Ali Ibn Abbas above, but disagrees in the case if a woman is pregnant and gives birth to a child before the expiration of the four months and ten days, and then the iddah is four months and ten days.In the writer's opinion, his iddah period remained until the time she gives birth to a child, but the wife does not require the remaining time because of the four-month and tenday treatment to honor the death of her husband.Thus, the iddah period of four months and ten days in the case of late pregnancy is nothing but to honor the death of her husband.The author thinks that the iddah period of a pregnant woman as intended in this study is until the birth of the baby.

Law of Iddah for Pregnant Woman left by Her Husband due to death According to Surah ath-Thalaq Verse 4
Surah ath-Thalaq verse 4 explains about the iddah of a woman of the dead husband refers to iddah for a woman left by her husband due to death to give birth to a child.This verse does not distinguish between divorce (thalaq) or death divorce.In general, this verse implies that pregnant women who are divorced by their Fuqaha, her iddah was to give birth.However, according to the history of Ali ibn Abu Talib and Ibn Abbas, "her iddah is the last of the two iddah.That is, she is in iddah with the longest iddah". 50 widow whose husband dies, if it turns out that her husband does not have his own home and does not have provisions that can be used as living expenses by his wife, then she may return to her parents.However, if at the time she receives the sad news of being in the house of one of the Muslims, she is allowed to stay in the house if the owner of the house does not mind accepting and bearing her life until the end of the iddah period. 51herefore, the Compilation of Islamic Law stipulates that the iddah for pregnant women whose husbands have died is to bear children.Thus, the Compilation of Islamic Law refers to the provisions of surah ath-Thalaq verse 4, and does not use the provisions of surah al-Baqarah verse 234 and does not also use the most extended time provisions as mentioned by Ali bin Abu Talib and Ibn Abbas.Whereas if the marriage is broken because of death and his wife is not pregnant, the waiting time is set at 130 days.Thus, the provisions of surah al-Baqarah verse 234 in the Compilation of Islamic Law are set in the case of a non-pregnant woman whose husband dies.

Legal Settlement of Iddah for Pregnant Women left by Her Husband due to death by Using Ta'arudh al-adillah
The iddah case scheme is described in the following: Thus, the Compilation of Islamic Law considers the burden women are bearing more to determine the iddah period following the death of their husbands.
If the woman is pregnant, she is in iddah until delivery.However, if the woman is not pregnant, she is in iddah for 130 days or four months and ten days.The methods of resolving the law of iddah for pregnant women whose husbands have died are by referring to ta'arudh al-adillah: 1. al-Jam' wa al-Taufiq 52 If the law generally contains several laws such as the iddah case for pregnant women as in surah al-Baqarah verse 234 in a general scope and surah ath-Thalaq verse 4 in a specific scope, then from one side of iddah pregnant women are determined based on the content of surah al-Thalaq verse 4 and, on the other hand, is are determined in surah al-Baqarah verse 234.The provisions of surah ath-Thalaq verse 4 are special provisions, namely the state of pregnancy.The provisions of surah al-Baqarah verse 234 are general, namely, the woman whose husband dies.

Conclusion
Based on the description above, it can be seen that the iddah law of a woman whose husband died according to surah al-Baqarah verse 234 is for four months and ten days.This law applies if women whose husbands have died are not pregnant.If in a state of pregnancy, the provisions are more specifically set forth in surah ath-Thalaq verse 4, because the provisions of pregnancy have been specified (takhsis) in surah ath-Thalaq verse 4. In a similar way, for women whose husbands have died with no chance for intercourse, and who stop menstruation or in the circumstances other than pregnancy, the iddah is four months and ten days.
The iddah law for pregnant women whose husbands have died according to Surah ath-Thalaq verse 4 is to give birth.This provision applies to divorce cases because of being denied (divroced) or divorce due to the death of husbands (death divorced).As long as the divorced women are pregnant, they will get iddah until they deliver a baby.The iddah law for pregnant women whose husbands have died according to the Compilation of Islamic Law in Indonesia is to give birth.If not pregnant, then women whose husbands die will be in iddah for 130 days or four months and ten days.Thus, the Compilation of Islamic Law stipulates the period of iddah of the women left by their husbands due to death based on the state of pregnancy or non-pregnancy in women.
The law of iddah is resolvable by referring to ta'arudh aladillah, namely: 1) Jam'u wa al-Taufiq, the provisions of surah ath-Thalaq verse 4 which contains khas provisions is more acceptable in the case of a pregnant women left by their husbands due to their death.This is because that particular provision cannot be aborted by the 'am provision as mentioned in surah al-Baqarah verse 234.Therefore, surah ath-Thalaq verse 4 is a typical legal provision; 2) Tarjih, if women whose husbands die while in pregnancy, the legal