DIALECTICS OF LEGISLATION AND MAQASID SYARI'AH IN THE NARRATIVE OF IDDAH AND IHDAD FOR CAREER WOMEN

Abstract

This paper discusses the concepts of ihdad and iddah for career women from the perspective of well-known scholars through the teachings of ijtihad which are manifested in fiqh. The meaning of iddah and ihdad which emphasizes refraining during the idah period from decorating and wearing perfumes for wives who are divorced due to death or divorce which has been carried out since pre-Islamic times. The times and technological sophistication have opened new horizons, marked by corrections and formulations of applicable, adaptive, and humanist conceptions of fiqh for the present. The conceptions of ihdad and iddah for self-restraint, isolation and contemplation generally clash with current facts concerning the position of career women who demand extra work to meet the necessities of life. This demand requires women to always look attractive and maintain interactions with anyone, including the opposite sex and must be active outside the home to support finances and careers. Through the maqasid ash-shari'ah approach the author tries to unravel the two poles above so that the concept of fiqh can still be applied in the present era without negating individual and social rights. The results of this study indicate that ornamentation is considered an intermediary that can lead to an encouragement in the form of a marriage goal during the iddah period, which if the main purpose of ihdad can be eliminated by reasoning and emergency arguments, then the law of intermediary follows