El-Faqih : Jurnal Pemikiran dan Hukum Islam
Vol. 12 No. 2 (2026): EL FAQIH

Idah dan Ihdad bagi Perempuan Pekerja: Reinterpretasi Hukum Islam dan Kebijakan Kepegawaian dalam Perspektif Kemaslahatan

Rika Noviani (Universitas Islam Negeri Salatiga, Indonesia)



Article Info

Publish Date
21 Sep 2026

Abstract

This study examines how the Islamic waiting period ('iddah) and mourning practice (ihdad) intersect with civil-service leave entitlements in Indonesia, focusing on the tension between religious mourning obligations, women’s right to work, and personnel policy for employees who lose a spouse. Two female civil servants at UIN Salatiga who had completed 'iddah after their husbands’ deaths were purposively selected from five potential informants; the other three declined, a limitation this study acknowledges given the sensitivity of grief-related research. Data were collected through semi-structured interviews, analyzed thematically, and triangulated against Civil Service Agency Regulation No. 24/2017 (as amended by Regulation No. 7/2021) and recent fiqh literature. Both informants negotiated rather than fully resolved the tension: neither violated 'iddah’s core legal prohibitions, but leave ceilings far shorter than the 130-day waiting period meant ihdad’s stricter behavioral norms could not be fully observed. This negotiation is better explained through maqāṣid al-sharī‘ah, distinguishing ḍarūrah (necessity) from ḥājah (pressing need), than through a claim of full compliance or a binary framing of religious duty versus paid work. The study argues for a contextual reinterpretation of 'iddah and ihdad for working women and recommends that civil-service institutions formalize dedicated bereavement leave, flexible work arrangements, and psychological support for staff experiencing loss

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Journal Info

Abbrev

faqih

Publisher

Subject

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

Description

El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest ...