Reconstructing the Law of Iddah Based on Maqasid al-Shariah: A Systemic Reading of Jasser Auda’s Thought

Abstract

This article re-examines the concept of iddah in Islamic family law through a reconstruction based on Maqasid al-Shariah using Jasser Auda’s systems approach. Iddah is classically understood as a mandatory waiting period after the dissolution of marriage to ensure lineage clarity and protect women’s honour, yet in contemporary contexts it intersects with gender justice, human rights, and the changing social roles of women in the public sphere. Previous studies have explored iddah and ihdad from classical fiqh, positive law, CEDAW, and gender perspectives, but only a few explicitly adopt Auda’s Maqasid al-Shariah theory particularly his systems approach as the primary framework for normative reconstruction. This research is a normative library study that analyses primary sources (Qur’anic and hadith texts, classical fiqh works, and Auda’s writings on maqasid and systems theory) alongside secondary literature on iddah, ihdad, and family law reform. Using descriptive-analytical methods, the article argues that when iddah is interpreted through Auda’s system features holism, openness, multidimensionality, and purposefulness its objectives extend beyond biological certainty to encompass the protection of dignity, justice, and the welfare of women and families. This reconstruction opens space for renewed ijtihad to formulate iddah regulations that remain faithful to the scriptural texts while being more responsive to contemporary social realities and aligned with human rights and gender equality agendas in Islamic family law.