KONSTRUKSI ‘IDDAH DAN IHDAD DALAM KOMPILASI HUKUM ISLAM (KHI)

Abstract

The construction of the Compilation of Islamic Law (KHI) has been identified as still targeting women with rules that restrict their freedom of movement, including those on the waiting period ('iddah) and mourning (ihdad). The validity of the Islamic law contained in the KHI has invited criticism and even controversy. Starting from this, the article examines the existing construction, given that laws, legal rules and norms must always be adapted. The questions it raises are why the construction of 'iddah and ihdad in the KHI discriminates against women, and how this construction is discussed from a gender perspective. The article is a library research, descriptive-analytical in nature, using juridical-normative, socio-historical and gender approaches. The data are analysed deductively, by setting out general theories, arguments or generalisations and then presenting specific realities, together with a descriptive method. The construction of 'iddah and ihdad in the KHI is influenced by several factors. First, there is still tension in understanding classical fiqh, as all the reference works used to formulate the KHI are rather exclusive in character. Second, in accordance with the arrangements of the Supreme Court of the Republic of Indonesia, the KHI is a project to develop Islamic law through jurisprudence that tends to be led by men, which to some extent also influences their thinking in constructing its articles. From a gender perspective, the conception in the KHI requires a solution as a meeting point, so that there is no clash of ideas between constructions formulated by classical fiqh and adopted as articles in the KHI and the actual reality of modern women's lives in the public sphere, in order to reconcile the legal content with the provisions of the Shari'ah, so that both women and men continue to observe the Shari'ah provisions on the waiting and mourning periods without carrying them to their extreme.