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ANALISIS GENDER TENTANG MASA ‘IDDAH (STUDI TERHADAP SURAT EDARAN DIRJEN BIMAS ISLAM NO P-005/DJ.III/HK.007/10/2021)
The concept of ‘iddah as established in various islamic jurisprudential texts is exclusively applicable to female parties; and whereas the legal relationship between the male party (husband) and female party (wife) persists throughout the duration of the iddah period, encompassing matters of maintenance, residential provision by the husband, and potential reconciliation; and whereas said relationship bears implications on subsequent marriages with other female parties during the iddah period of the former spouse; and whereas such matters are governed by circular letter of the director general of islamic community guidance No. P-005/DJ.III/HK.007/10/2021 regarding marriages during spousal iddah period (hereinafter referred to as "the circular"); now therefore, this research endeavors to examine two principal matters: 1. The manifestation of gender considerations within the aforementioned circular; and 2. The gender framework construction within said circular. The instant research constitutes a library-based inquiry, primarily examining written authorities, with the aforementioned circular serving as primary authority. The research employs descriptive-analytical methodology, aimed at explicating and analyzing gender-related provisions within the circular. The statutory approach is adopted herein. Primary data comprises the circular, supplemented by secondary authorities including scholarly works, academic journals, related statutory provisions, gender theory, and other pertinent documentation. Data collection methodology encompasses documentary research and literature review. Analysis used Cresswell's qualitative method to draw systematic conclusions. The research yields two significant findings regarding gender considerations within the circular: first, the gender representation evidenced within the circular demonstrates ambivalence in state regulation of islamic marriages. While the circular purports to safeguard women's interests through enhanced administrative mechanisms, the regulatory framework maintains gender-based disparities in its policy construction, particularly regarding the allocation of rights and obligations between parties during the iddah period. Secondly, the gender framework construction within the circular maintains female parties in a subordinate legal position, notwithstanding certain equalizing provisions such as the implementation of waiting periods for male parties. The provisions herein maintain patriarchal legal structures and fail to substantively address women's rights, thereby perpetuating systemic gender inequalities within family law jurisdiction.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS GENDER TENTANG MASA ‘IDDAH (STUDI TERHADAP SURAT EDARAN DIRJEN BIMAS ISLAM NO P-005/DJ.III/HK.007/10/2021) (Text)
ANALISIS GENDER TENTANG MASA ‘IDDAH (STUDI TERHADAP SURAT EDARAN DIRJEN BIMAS ISLAM NO P-005/DJ.III/HK.007/10/2021) (Other)
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