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All Journal Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi
Itang
Universitas Islam Negeri Sultan Maulana Hasanuddin Banten
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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State Intervention in Islamic Family Law: A Comparative Analysis of Pakistan and Indonesia within the Framework of Maqāṣid al-Sharīah Resti Septiani; oom Mukarromah; Nuruf Ma'rifah; Itang; Buang Yusuf
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 8 No. 1 May 2026
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v8i1.14786

Abstract

This study aims to analyse the forms and models of state intervention in Islamic family law in Pakistan and Indonesia and their relevance within the framework of maqāṣid al-sharīah and the relationship between fiqh and state law. Previous studies have examined Islamic family law reform in Muslim-majority countries; however, limited attention has been given to comparative analysis between Pakistan and Indonesia from the perspective of maqāṣid al-sharīah and the interaction between religious jurisprudence and state legal systems. This research employs a normative juridical method with comparative and conceptual approaches by examining legal regulations and relevant literature. The findings show that Pakistan adopts a more restrictive and administrative model with strong state control, while Indonesia applies a more moderate judicial approach that allows greater interpretative flexibility. From the perspective of maqāṣid al-sharīah, regulations concerning polygamy, divorce, and marriage registration are oriented toward the protection of life, lineage, and property. This study also finds that the Indonesian model is more representative in its implementation of maqāṣid al-sharīah comprehensively, as it balances legal certainty, fiqh flexibility, and substantive justice through a contextual judicial mechanism. Nevertheless, the Pakistani model demonstrates stronger preventive protection through stricter administrative supervision. Therefore, this study recommends the development of an Islamic family law system that integrates Indonesia’s judicial flexibility with stronger administrative supervision as implemented in Pakistan in order to achieve more comprehensive legal protection and social welfare (maslahah).
Co-Authors Buang Yusuf Nuruf Ma'rifah Oom Mukarromah Resti Septiani