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All Journal Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam
Marshalina Rahadatul 'Aisyi
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Comparative Study of Husband’s Iddah Policy in Indonesia: Imam al-Ghazali’s Maslahah and Jeremy Bentham’s Utilitarianism Perspective Marshalina Rahadatul 'Aisyi; Ulya, Zakiyatul; Hidayat, Muhammad Rifqi
Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam Vol. 5 No. 2 (2025): December
Publisher : Department of Comparative Mazhab Comparative, Fakulty of Shariah and Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/komparatif.v5i2.2797

Abstract

The existence of the iddah policy for husbands has caused much debate because the validity of the iddah adopted by the majority of scholars is only for women. This study aims to analyze the iddah policy for husbands in the Circular of the Director General of Islamic Community Guidance, Number P-005/DJ.III/HK/007/10/2021 using Imam al-Ghazali's maslahah theory and Jeremy Bentham's utilitarianism theory. This study is library research with a qualitative approach, using documentation as a data collection technique and descriptive analysis as a data analysis technique. The study concluded that the policy of iddah for husbands in the Circular of the Director General of Islamic Community Guidance, Number P-005/DJ.III/HK/007/10/2021 is in accordance with Al-Ghazali's maslahah because it has fulfilled 5 (five) elements of maqashid al-shari’ah, namely: hifdz ad-din (maintenance of religion), hifdz an-nafs (maintenance of the soul), hifdz al-aql (maintenance of reason), and hifdz an-nasl (maintenance or offspring), hifdz al-mal (maintenance of property) and is in accordance with Jeremy Bentham's utilitarianism theory because it has fulfilled seven core elements of happiness, namely: intensity of pleasure, duration of pleasure, certainty of happiness, closeness to achieving pleasure, fecundity, purity, and extent. By fulfilling the five elements of maqashid al-shari’ah and seven core indicators of happiness, it can be concluded that this policy is appropriate to implement because it contains benefits and happiness.
Co-Authors Muhammad Rifqi Hidayat Zakiyatul Ulya