Ulama Perspectives on the Husband’s Waiting Period During the Wife’s ‘Iddah in Medan, Indonesia

This study examines the implementation and interpretation of the Director General of Islamic Community Guidance Circular Letter No. P-005/DJ.III/Hk.00.7/10/2021 regarding a husband’s remarriage during his former wife’s ‘iddah (waiting period). This regulation highlights critical intersections among Islamic jurisprudence (fiqh), state administrative oversight, and the post-divorce protection of women's rights. Specifically, this research analyzes the perspectives of religious scholars (ulama) in Medan concerning the circular’s legal standing, practical enforcement, and substantive consistency with Islamic family law. Employing a qualitative socio-legal approach, this study draws on documentary analysis and semi-structured interviews with five key informants representing the Indonesian Ulema Council (MUI), Nahdlatul Ulama (NU), Muhammadiyah, and Al Jam’iyatul Washliyah in Medan. The findings reveal divergent views regarding the circular’s legal character and the extent to which administrative limitations on remarriage can be justified under Islamic law, particularly in cases of revocable divorce (ṭalāq raj‘ī). While the circular is recognized as a vital mechanism to prevent covert polygamy, safeguard women’s rights, and enhance legal certainty in marriage registration, informants' views remain personal interpretations rather than binding organizational positions, as no formal fatwas or institutional decrees were identified. Consequently, this study underscores the need for clearer administrative directives and sustained dialogue between state authorities and religious organizations to harmonize regulatory compliance with jurisprudential principles.

Authors

Institutions

Publication Details

Journal
Lex journal kajian hukum dan keadilan
Published
2026-11-06
DOI
https://doi.org/10.25139/lex.v10i3.12977
Primary Topic
Family and Matrimonial Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
article

Ulama Perspectives on the Husband’s Waiting Period During the Wife’s ‘Iddah in Medan, Indonesia

Bagus Ramadi, Zulkifli Nas, Sukiati, Wani
1 links
Lex journal kajian hukum dan keadilan
Family and Matrimonial Law
article

Ulama Perspectives on the Husband’s Waiting Period During the Wife’s ‘Iddah in Medan, Indonesia

Bagus Ramadi, Zulkifli Nas, Sukiati, Wani
article en

Abstract

This study examines the implementation and interpretation of the Director General of Islamic Community Guidance Circular Letter No. P-005/DJ.III/Hk.00.7/10/2021 regarding a husband’s remarriage during his former wife’s ‘iddah (waiting period). This regulation highlights critical intersections among Islamic jurisprudence (fiqh), state administrative oversight, and the post-divorce protection of women's rights. Specifically, this research analyzes the perspectives of religious scholars (ulama) in Medan concerning the circular’s legal standing, practical enforcement, and substantive consistency with Islamic family law. Employing a qualitative socio-legal approach, this study draws on documentary analysis and semi-structured interviews with five key informants representing the Indonesian Ulema Council (MUI), Nahdlatul Ulama (NU), Muhammadiyah, and Al Jam’iyatul Washliyah in Medan. The findings reveal divergent views regarding the circular’s legal character and the extent to which administrative limitations on remarriage can be justified under Islamic law, particularly in cases of revocable divorce (ṭalāq raj‘ī). While the circular is recognized as a vital mechanism to prevent covert polygamy, safeguard women’s rights, and enhance legal certainty in marriage registration, informants' views remain personal interpretations rather than binding organizational positions, as no formal fatwas or institutional decrees were identified. Consequently, this study underscores the need for clearer administrative directives and sustained dialogue between state authorities and religious organizations to harmonize regulatory compliance with jurisprudential principles.

Lex journal kajian hukum dan keadilanVol. 10(3)
Universitas Islam Negeri Sumatera Utara (ID)
Peace, justice, and strong institutions, Gender equality
Openalex Percentile: Top 6%
Family and Matrimonial Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon