Abstract:

A woman who is divorced or whose husband has died can only marry another man after a certain period. In Islamic law, this period of waiting for a woman to remarry is called iddah. Iddah has many merits such as knowing the acquittal of the womb of the woman, not mixing the lineage, and preparing the woman psychologically for a new marriage. In addition, the mourning of a woman whose husband died with the sadness and grief of losing her husband is just one of the other merits of iddah. However, none of these listed things really constitute the cause of iddah. For this reason, most of the Islamic jurists have expressed the taboo of iddah by emphasizing the worship aspect of iddah. The fact that iddah is taabbud/devotional means that its wisdom and cause cannot be determined exactly. The issue of iddah for a man expressed in this study is closely related to the issue of jam’/marrying two sisters. Islam forbids the union of two sisters under the same marriage. However, the man will wait until the iddah of the divorced woman ends so that he can marry the sister or aunt/auntie of the woman he has divorced. In the works of furu fiqh, although it is controversial, this situation is called the iddah of the man. While the man can marry the woman’s sister without waiting for iddah in case of the death of the woman, the necessity of waiting for the iddah of the woman in order for the man to marry the woman’s sister in case of divorce by ric’î talaq is based on the consensus of Islamic jurists. Whether he can marry the sister of his wife, whom he divorced with bâin talaq/permanent divorce, before the end of his wife's iddah is controversial in the doctrine.

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