Iddah Bagi Suami Dan Kesetaraan Gender: Pandangan Faqihuddin Abdul Kodir

Abstract

Abstract:This study aims to analyze the concept of Mafhūm Mubādalah (Islamic Principles of Understanding) proposed by Faqihuddin Abdul Kodir as a method of interpreting religious texts to realize justice and gender equality in Islamic family law, particularly in the aspects of marriage and divorce. The study focuses on the relevance and implications of applying a reciprocal approach to the division of rights and obligations between men and women. The research method used is qualitative research with a normative-conceptual approach, through a literature review of Faqihuddin Abdul Kodir's works, classical and contemporary fiqh literature, and the theory of Maqāṣid al-Syarī‘ah. The analysis is conducted by examining normative Islamic legal texts and contextualizing them from the perspective of gender justice and family welfare. The results show that Mafhūm Mubādalah is able to reconstruct religious interpretations that previously tended towards patriarchy to become more inclusive and just. The principle of reciprocity in this approach asserts that sharia provisions imposed on one gender are essentially reciprocal, unless there is explicit evidence to exclude them. The application of this concept implies a more balanced distribution of responsibilities, including maintaining honor, fulfilling post-divorce rights, and providing emotional recovery for both parties.

Keywords: marriage, divorce, Islamic law, rahmatan lil-'alamin, family justice.