Revisiting the Mulazamah Concept as a Solution to Problems Faced by Career Women During the 'Iddah Period

Abstract

As time progresses, the role of women has increasingly extended into the public sector, which was traditionally dominated by men. When a wife works in the public sector and experiences a divorce or the death of her husband, according to Islamic jurisprudence, she is required to observe the 'iddah period, which lasts for a considerable amount of time. During this period, she is not allowed to leave the house except in cases of emergency, and she must observe ihdad if her husband passes away. Such regulations may hinder or even halt a woman's career. Therefore, there is a need for efforts to find alternative solutions. This requires delving into both traditional and modern Islamic legal epistemology, using it as an analytical tool and method for reinterpretation of the 'iddah law. In the researcher's view, the purpose of the waiting period is primarily to ensure that there is no fetus in the womb in the case of divorce. In the case of a widow, the waiting period is not only to ensure the womb is empty but also serves as a sign of respect and mourning. However, when these rules are applied to the realities of modern life, where most women are now active, working, and engaging in social activities outside the home to support their families or develop themselves, these regulations can restrict and complicate their career activities. The requirement for women to remain in the house for an extended period disrupts their professional activities outside of the home. Thus, this research focuses on a literature review (library research) with the aim of collecting relevant data for the study. The data is gathered from both primary and secondary sources that have been previously published.