Maqasid: Jurnal Studi Hukum Islam
Vol. 14 No. 2 (2025): Maqasid Jurnal Studi Hukum Islam

Praktik ‘Iddah dan Iḥdād serta Pemenuhan Hak-Hak Perempuan dalam Perspektif Maṣlaḥat al-Ṭūfī: Studi kasus di Desa Soki

St Maryam (Unknown)
Rahyu, Putri (Unknown)
Mulyati, Suci (Unknown)
Nuryadin (Unknown)
Salmiati (Unknown)



Article Info

Publish Date
26 Aug 2025

Abstract

This study examines the practices of ‘iddah and iḥdād as well as the fulfillment of women's rights after divorce through the lens of maṣlaḥat al-Ṭūfī. The research is motivated by a phenomenon in Soki Village, Belo Subdistrict, Bima Regency, where many women perceive ‘iddah merely as a prohibition against remarriage, without understanding the broader Islamic legal provisions governing it; some are entirely unfamiliar with the concepts of ‘iddah and iḥdād. Contributing factors include low levels of education, economic hardship, limited religious knowledge, and social influences. This research is a field study using an empirical or case study approach. Primary data were collected through interviews with local women and religious figures, while secondary sources include the Qur’an, Hadith, the Compilation of Islamic Law (KHI), Law No. 1 of 1974 on Marriage, academic journals, and al-Ṭūfī’s writings on the concept of maṣlaḥat. The findings reveal that the local practice of ‘iddah and iḥdād deviates from Islamic legal norms due to those influencing factors. Women who remarry during the ‘iddah period are considered to have committed acts categorized as mafsadat, which are legally impermissible. However, in cases where such actions stem from ignorance or emergency conditions such as financial pressure or the responsibility to support children these may be understood as forms of maṣlaḥat ḍarūriyyah, aimed at preserving life (ḥifẓ al-nafs), one of the primary objectives of Islamic law (maqāṣid al-sharī‘ah).

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Journal Info

Abbrev

Maqasid

Publisher

Subject

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

Description

Maqasid: Jurnal Studi Hukum Islam, adalah jurnal yang mempublikasikan hasil-hasil kajian dan penelitian orisinal dengan edisi terbaru dalam Studi Hukum Islam. Ruang Lingkup Jurnal Maqasid adalah (1) Hukum Islam (Islamic Law), (2) Hukum Keluarga Islam (Islamic Family Law), (3) Hukum Perkawinan Islam ...