Cara Rujuk Setelah Cerai [Prosedur dan Syarat Rujuk di Indonesia]

Summary

In this video, Indra Setiawan discusses the process and requirements for 'rujuk' (reconciliation) after divorce in Islam, based on the Indonesian Compilation of Islamic Law. He explains that rujuk can only happen after a first or second talaq (divorce), within the wife's 'iddah' (waiting period). He outlines the legal framework, including specific conditions, such as cases of zina (adultery) being excluded from rujuk, and the consequences if the waiting period passes. Indra also provides practical advice for individuals seeking to reconcile, detailing the necessary documents and steps involved, while offering free legal consultations for those who share the video.

Takeaways

• 😀 Rujuk (reconciliation) in Islam can only occur after the first or second divorce (Talak 1 and Talak 2) according to the Islamic Compilation Law (KHI).
• 😀 Rujuk is only valid during the wife's Iddah (waiting period), which begins after the divorce, and cannot be done once the Iddah period has ended.
• 😀 If the divorce is due to a reason like Zina (adultery), reconciliation or rujuk is not allowed.
• 😀 Rujuk can only be performed during the Iddah period, and if the period has passed, the couple must remarry (Ijab Qobul) to reunite.
• 😀 The Iddah period duration varies: for a widow (due to death) or for a woman who hasn't consummated the marriage, the Iddah is 130 days. For a divorced woman who is menstruating or has not menstruated, it is 90 days.
• 😀 For a woman who is pregnant, the Iddah lasts until she delivers her child.
• 😀 The reconciliation process includes submitting divorce documents, such as the divorce certificate, family card, and ID card, to the Religious Affairs Office (KUA).
• 😀 The KUA then issues a referral letter for submission to the court, where the marriage book is marked with a 'Rujuk' stamp once the court has approved the reconciliation.
• 😀 Rujuk is only possible after a court-issued divorce decree and is applicable to cases where the divorce has been finalized by the court.
• 😀 For free consultations, the speaker offers legal advice if the viewer shares a screenshot of the video and spreads it through social media platforms like Facebook or WhatsApp.
• 😀 The speaker mentions personal experience with clients during the process, noting the importance of ensuring correct documentation for the reconciliation process.

Q & A

What is the main topic discussed in this video?

The main topic of the video is about the conditions and procedures for remarriage (rujuk) after a divorce according to Islamic law, specifically based on the Compilation of Islamic Law (Kompilasi Hukum Islam).

Under what circumstances can rujuk (remarriage) be performed according to Islamic law?

Rujuk can only be performed after the first or second divorce (talak 1 and talak 2) and must be done within the wife's iddah (waiting period). If the iddah period has passed, a new marriage must be contracted (either with the ex-husband or another man).

Can a remarriage take place after a divorce due to zina (adultery)?

No, remarriage (rujuk) cannot be performed after a divorce due to zina (adultery). Islamic law prohibits remarriage in such cases.

What is the significance of the iddah period in the process of remarriage?

The iddah period is crucial for rujuk because it is during this time that the husband has the right to reconcile with his wife. If the wife is still within her iddah, rujuk can happen without a new marriage contract. After the iddah period ends, remarriage must be done through a formal wedding contract.

What is the duration of the iddah period for different types of divorce cases?

The iddah period varies: for a woman divorced before consummating the marriage (qobla al-dukhul), the iddah is 130 days (about 4 months and 10 days); for a woman who is pregnant, the iddah lasts until she gives birth; for a woman who is menstruating or pure, the iddah is 90 days.

What is the process for rujuk after a divorce has been finalized by a court?

After a divorce is finalized by the court, the wife remains in her iddah period. If the couple decides to remarry, they must first take their divorce certificate and other necessary documents to the Office of Religious Affairs (KUA), where they will receive a letter of referral to take to the court. The court will then stamp the marriage book, allowing the remarriage to proceed.

What documents are required for rujuk after a court divorce?

The required documents include the divorce certificate, the court's ruling, the husband’s and wife’s IDs, and their family cards. These documents need to be submitted to the Office of Religious Affairs (KUA) for verification.

What happens if the iddah period has ended and the couple wants to remarry?

If the iddah period has ended and the couple wishes to remarry, they must go through a new marriage process. This includes a new marriage contract, either with the former husband or a new man.

What should someone do if they want to consult the speaker about legal matters related to rujuk?

To consult the speaker, individuals need to share a screenshot of them sharing the video on social media platforms like Facebook, WhatsApp, or Twitter. This will grant them a free legal consultation from the speaker.

Why is there a mention of 'janda kembang' in the context of rujuk?

'Janda kembang' refers to a woman who was divorced before consummating the marriage. In such a case, the iddah is short, lasting only 130 days. This term is used to illustrate cases where the wife was not physically involved with her husband before the divorce.