Ulama Perspectives on the Husband’s Waiting Period During the Wife’s ‘Iddah in Medan, Indonesia

This study examines the implementation and interpretation of the Director General of Islamic Community Guidance Circular Letter No. P-005/DJ.III/Hk.00.7/10/2021 regarding a husband’s remarriage during his former wife’s ‘iddah (waiting period). This regulation highlights critical intersections among Islamic jurisprudence (fiqh), state administrative oversight, and the post-divorce protection of women's rights. Specifically, this research analyzes the perspectives of religious scholars (ulama) in Medan concerning the circular’s legal standing, practical enforcement, and substantive consistency with Islamic family law. Employing a qualitative socio-legal approach, this study draws on documentary analysis and semi-structured interviews with five key informants representing the Indonesian Ulema Council (MUI), Nahdlatul Ulama (NU), Muhammadiyah, and Al Jam’iyatul Washliyah in Medan. The findings reveal divergent views regarding the circular’s legal character and the extent to which administrative limitations on remarriage can be justified under Islamic law, particularly in cases of revocable divorce (ṭalāq raj‘ī). While the circular is recognized as a vital mechanism to prevent covert polygamy, safeguard women’s rights, and enhance legal certainty in marriage registration, informants' views remain personal interpretations rather than binding organizational positions, as no formal fatwas or institutional decrees were identified. Consequently, this study underscores the need for clearer administrative directives and sustained dialogue between state authorities and religious organizations to harmonize regulatory compliance with jurisprudential principles.