Ihdad for Husband and Wife from a Gender Perspective

Abstract

The study of ihdad in fiqh literature places women in mourning after their husbands’ deaths, prohibiting them from using fragrances, adorning themselves, or leaving their homes. However, these conditions don’t apply to husbands whose wives have died. The Compilation of Islamic Law (KHI), based on Indonesian scholarly interpretation, regulates ihdad by requiring wives to observe mourning throughout their iddah period, while husbands are expected to observe mourning as deemed appropriate. Two main issues are addressed: the perspectives of scholars and the KHI regarding ihdad for husbands and wives, and how ihdad can be analyzed from a gender perspective. This literature review uses a gender perspective as an analytical tool. According to scholars, ihdad for women involves refraining from adornment, perfumes, and leaving home for four months and ten days or until the end of their iddah. The KHI obligates ihdad for both husbands and wives. A wife observes ihdad during the iddah period to express grief and avoid slander, while a husband observes ihdad as deemed appropriate. The regulation of ihdad in the KHI, which obligates both husbands and wives, represents a legal breakthrough that differs from classical fiqh views. However, it still contains discrimination regarding the period for observing ihdad, as women must observe it for the entire iddah period, while men are only required to do so according to what is deemed appropriate.