Diskursus 'Iddah Berpersepktif Gender: Membaca Ulang 'Iddah dengan Metode Dalalah al-Nass

Abstract

Generally ‘iddah only applies to women (wives), with the ultimate goal of knowing the emptiness of wife’s womb. But if indeed the sole purpose of ‘iddah is to know the vacuum of the womb, then it is appropriate that ‘iddah is only for women, for only women have wombs. In this case, it means that ‘iddah only relates to sex (gender) and it is natural. However, the function of ‘iddah is not only to know the cleanliness of a wife’s womb, but from some other wisdom such as the prevention of infectious diseases, the period of reconciliation, upholding marital problems, and also serving a period of mourning when one’s partner dies. The wisdom and purpose of ‘iddah is actually an implementation of the concept of general benefits (al-kulliyat al-khams) namely hifẓ al-dīn (for religion), hifẓ al-nafs (for souls), hifẓ al-‘aql (for minds), hifẓ al-nasl aw al-‘ird (for esteems) dan hifẓ māl (for properties/wealth). By using the method of dalālah al-dalālah, and by taking into account the legal reasoning (‘illah al-ḥukm), it is very logically and legally acceptable that the implementation of ‘iddah is not only for women. The enactment of ‘iddah for women (wives) and men (husbands) is at least more upholding the human dignity and human rights ​​when marriage is concerned. This study uses a philosophical approach, with the aim of trying to find benefit values ​​in syariah law from the concept of ‘iddah, which is based on gender equality.

Revisiting ‘Iddah: A Critical Analysis of Gender Equality in Indonesian Feminist Islamic Legal Discourse

“…Regarding menopausal women, their 'iddah period is equal to that of non-menstruating women, lasting three months (Az-Zuhaili, 1989;Sabiq, 2015). Furthermore, when a marriage ends because of the death of the husband, one of the following three types of 'iddah conditions may be applied to women: if she was pregnant at the time of her husband's death, she must wait until the child is born before the 'iddah period ends; otherwise, the 'iddah period is four months and ten days, regardless of a woman's age or menstrual status, whether the couple has had sexual intercourse or not; and the 'iddah period is a mourning period that all women are required to follow (Nuroniyah, 2018;Sabiq, 2015).…”

“…This is a widely accepted opinion among jurists, particularly in the case when the 'iddah period is due to ṭalāq raj'ī. According to several studies, women who are pregnant or have been divorced (either raj'ī or bā`in) have the right to receive 'iddah maintenance until childbirth (Hilal & Harahap, 2021;Nuroniyah, 2018;Sabiq, 2015).…”

“…e. It becomes a form of worship that shows servitude to the conditions decreed by God (Al-Jauziyyah, 1991;Az-Zuhaili, 1989). However, these maqāṣid can be explored and even include derivatives from all the five main benefits (Nuroniyah, 2018). However, Ibn Qayyim mentioned that 'iddah is closely related to prudence in the fulfillment of four rights: the rights of the husband, the rights of the wife's benefit, the rights of children, and also the rights of Allah in one's obedience to carry out the provisions of 'iddah.…”

“…According to several recent studies, the period 'iddah, which is exclusively applicable to wives, is an obvious social injustice, imposing a double burden on women-the challenges associated with divorce and the obligation of 'iddah itself (Nuroniyah, 2018;Sunuwati, et al, 2023). Moreover, the 'iddah provision, according to feminists, is a manifestation of a patriarchal culture that perpetuates gender marginalization, as it applies exclusively to women and not to men (Asnawi & Ismail, 2020;Hilal & Harahap, 2021).…”

“…According to Murtadlo, the controversy in its articles is only political. Particularly concerning 'iddah, Nuroniyah, Pramesi, and Hidayati based on Maqāṣid-based analogies reinforce the CLD-KHI provisions to demand equality by enforcing it on husbands as well (Hidayati, 2018;Nuroniyah, 2018;Pramesi, 2021).…”