Social Construction of Widow’s Marital Rights without Finishing Waiting Period (Idah) in Indonesia

Abstract

Marriage without finishing idah is considered a legal action and allowed for unregistered divorced women. It was implemented by H.S. who divorced her husband T.B. after he abandoned her and went to Malaysia for one year and three months. Madurese, especially Landak village are religious communities. However, this social reality has denied that Landak people are religious communities. This article deals with two research problems: 1) How is the social construction of married women without finishing idah? 2) What are the opinions of the social construction of religious figures and society about marriage without finishing idah in Landak village, Bangkalan Regency, Madura, Indonesia? The result of this research reveals that the social construction of married women without finishing idah: 1) the social construction of married women without the idah indicates an idealistic motivation and that there is a practical and a business motive; 2) according to the construction of religious figures and society, the first – idealistic – motive is to prevent the greater damage, the second – practical – is the family welfare, and the third are “humanism” and” society” aspects as interest motive, and fulfilling the subject interest is as practical motive.