Al-Hukama: The Indonesian Journal of Islamic Family Law
Vol. 13 No. 2 (2023): December

Husband’s ‘Iddah in Indonesian Islamic Law Context: Insights from the Fatwa Approach of the Indonesian Women’s Ulema Congress

Sam'un, Sam'un (Unknown)
Hadi, Mukhammad Nur (Unknown)



Article Info

Publish Date
31 Dec 2023

Abstract

Islamic family law does not recognize ‘iddah (waiting period) for a husband. However, in Indonesia, he is culturally recommended to postpone remarrying until the completion of his wife's ‘iddah. This article discusses conceptualizing the husband's ‘iddah using the fatwa approach of the Indonesian Women’s Ulema Congress (KUPI). Employing a conceptual and philosophical approach, this article explores secondary data through KUPI's three main fatwa approaches: ma’ruf, mubadalah, and ultimate justice. This article demonstrates that the husband's 'iddah can be deemed obligatory. First, from the ma’ruf perspective, the husband's remarriage during the 'iddah period often harms her due to neglect in providing post-divorce financial support. Second, from a mubadalah standpoint, postponing remarriage after divorce should ideally apply to both husband and wife, allowing psychological reflection space for parties. Third, in the context of ulitimate justice, the husband's remarriage during the ‘iddah period violates the principles of true justice in fulfilling and protecting the rights of women and children. This is because women and children experience more significant and prolonged psychological and social discrimination than men. In this context, mandating ‘iddah for husbands through KUPI's fatwa approach is a pertinent recommendation in Indonesian Islamic legal reform.

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Journal Info

Abbrev

alhukuma

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Hukama serves academic discussions of any Indonesian Islamic family law issues from various perspectives, such as gender, history, sociology, anthropology, ethnography, psychology, philosophy, human rights, disability and minorities, digital discourse, and others. It intends to contribute to the ...