Syibhul ‘Iddah for Men: An Analysis of the Madhāhib al-Arba‘ah within the Framework of Justice in Islamic Law

Abstract

This study explores the application of syibhul 'iddah for men from the perspective of the four major Sunni schools of thought (madhāhib al-arba‘ah) and its relevance to Islamic family law in Indonesia. Triggered by regulatory disparities that impose the waiting period (‘iddah) solely on women after divorce, this research investigates the possibility of a waiting period for men. Using a qualitative-normative approach and a literature-based method, the study analyzes the views of the Hanafi, Maliki, Shafi’i, and Hanbali schools regarding mani‘ shar‘i as a basis for the implementation of syibhul 'iddah. The findings reveal that although men are not obligated to undergo ‘iddah, certain shar‘i conditions restrict immediate remarriage. This study underscores the significance of syibhul 'iddah in upholding the principles of justice, lineage protection, and dignity in accordance with maqāṣid al-sharī‘ah.