GAGASAN PROGRESIF MUHAMMAD SYAHRUR TENTANG HUKUM MASA `IDDAH PEREMPUAN

Muhammad Zaky Azizi, NIM.: 21203012035 (2024) GAGASAN PROGRESIF MUHAMMAD SYAHRUR TENTANG HUKUM MASA `IDDAH PEREMPUAN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The waiting period or ‘iddah period for women is a legal consequence that women must undergo after a marriage breakup. The provisions of women's ‘iddah always talk about numbers, periods, and time periods. With the shifting role of women in the modern era, there is a possibility that the ‘iddah period stipulated in classical fiqh is no longer relevant for today. For this reason, there are several efforts to reconstruct the concept of ‘iddah. One of them emerged from the figure of Islamic law reform, namely Muhammad Syahrur. In his work “Al-Kitab wa Al-Qur'an, Syahrur through his ‘contemporary reading’ style, has a different idea related to the reinterpretation of the postulates of ‘iddah in the Qur'an. This research is a library research, using a socio-historical approach. This approach intends to find out the full construction of Muhammad Syahrur's thoughts which certainly cannot be separated from the social situation in which he lives so as to give rise to ideas in the form of ḥudūd theory. By using the perspective of Peter L. Berger's sociology of knowledge theory, we can fully explore the structure of Syahrur's thinking related to his idea of women's ‘iddah. The results of the study found 2 (two) things, (1) Syahrur in giving his ideas about the concept of ‘iddah experienced three dialectics, namely externalization, objectivation, and internalization. His opinion cannot be separated from the socio-political conditions of Syria and the process of how his intellectual journey to Russia influenced the “reading style” of the proposition of ‘iddah. The implementation of ‘iddah that is too long is considered to be an obstacle for women to carry out their activities outside the home. This shows that Syahrur is very concerned with the involvement of modern technology and knowledge in determining the ‘iddah period. (2) The relevance of Syahrur's ideas about ‘iddah is an effort to reconstruct the concept of ‘iddah for modern women. The determination of Islamic law in the form of a corridor of legal boundaries, then millions of possible legal decisions can be found and all of them are still accepted by Islam. Admittedly, Syahrur's idea of the concept of ‘iddah for women on the other hand provides an accommodating opportunity for women's interests. However, many other aspects related to the ‘iddah period, such as ‘iddah maintenance, will cause their own problems. Because automatically, the legal consequences related to ‘iddah will also be completed. This is the weak point of the concept of ‘iddah offered by Syahrur.

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