Pengaruh Tantangan Implementasi Ihdad dan Iddah Wafat bagi Pekerja Perempuan di Kota Samarinda Studi Komparatif dalam Fikih Empat Mazhab dan Kompilasi Hukum Islam

Abstract

This study examines the challenges faced by working women in Samarinda in implementing the Islamic obligations of iddah and ihdad from a comparative perspective of the four Sunni schools of jurisprudence and Indonesia's Compilation of Islamic Law (KHI). Iddah is the mandatory waiting period after divorce or the death of a husband, while ihdad includes prohibitions on beautification during iddah for widows. Working women often experience a conflict between religious obligations and economic necessities. This research aims to explore how such women fulfill these obligations and how classical jurisprudence and KHI provide or fail to provide applicable legal guidance in modern contexts. Using a qualitative field research method and doctrinal analysis, this study conducted in-depth interviews with eight widowed working women who had undergone iddah. Findings reveal that most informants continued working and did not fully observe ihdad, primarily due to financial needs, limited legal literacy, and social demands. The Hanafi and partially the Maliki schools offer legal flexibility based on necessity, while the Shafi’i and Hanbali schools interpret the restrictions more strictly. KHI outlines the duration of iddah but does not regulate ihdad, leaving a legal vacuum in practice. The discussion highlights the urgent need for a contextual reinterpretation of Islamic law through the lens of maqashid al-sharia, especially in promoting protection of life, dignity, and women’s economic security. This study recommends the formulation of fatwas or complementary regulations that are sensitive to the realities of working Muslim women, ensuring that Islamic legal values remain relevant and humane in contemporary society.