GENDER EQUALITY IN ISLAMIC FAMILY LAW: SHOULD MEN TAKE IDDAH (WAITING PERIOD AFTER DIVORCE)?

Abstract

In theory, the goal of marriage should be to provide a long and happy life for both the husband and the wife, but in practice, some marriages just cannot be saved and end in divorce. Iddah is one of the legal repercussions that might result from a divorce. iddah is a requirement that must be fulfilled by the woman; nevertheless, after some time had passed, the Ministry of Religion's Director General of Islamic Guidance published a circular that indicated, as one of the rules, that the husband must wait until the wife's iddah period has passed before being entitled to remarry. This article will address gender equality in Islamic family law, including the implementation of the iddah period for men after a divorce. The goal of this article is to discuss gender equality in Islamic family law. A qualitative descriptive technique is employed as the methodology for this investigation. This research makes use of secondary data as well as primary data as its sources of information. Both the normative juridical approach and the philosophical approach are utilized in this work. Specifically, the latter is utilized. According to the findings of this study, this circular letter has been distributed at the KUA in Parepare City in order to make it clear that men are not permitted to marry during the iddah period of their wives. Iddah, which is exclusively reserved for wives, is clearly a double burden that must be borne by them, specifically the burden of divorce and the load of iddah. If the perspective of gender equality and social injustice is explored in depth, it is clear that Iddah, which is only reserved for wives, is a social injustice. In addition, if the iddah is not imposed on the husband, he is free to marry whoever he chooses. If this is the case, then the woman is subjected to a greater degree of violence, particularly psychological and mental abuse.