Ismail Jalili
Fatmawati Sukarno State Islamic University Bengkulu, Indonesia

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Balancing Formalism and Purposivism in the Development of Islamic Family Law in Indonesia Ismail Jalili
Taqrib : Journal of Islamic Studies and Education Vol. 4 No. 1 (2026): Taqrib : Journal of Islamic Studies and Education
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/taqrib.v4i1.1928

Abstract

This research investigates the challenges and adjustments within this legal domain, focusing on how these interpretative approaches applied and reconciled in contemporary Indonesian jurisprudence. The aim is to analyze the balance between adhering to the strict textual interpretations of Islamic law (formalism) and considering the broader objectives and social contexts (purposivism) in legal decision-making. Scholarship on this issue points to an evolving interaction between religious continuity and social transformation, influenced by Indonesia’s legal pluralism, cultural diversity, and the indigenization of Islamic legal norms. This study employs a qualitative literature review and content analysis to examine the tension between formalism and purposivism in the development of Islamic family law in Indonesia. The findings highlight that while formalism provides a necessary structure and stability, purposivism offers flexibility and responsiveness to contemporary issues such as gender equality and technological advancements. The study reveals that Indonesian judges and legal frameworks increasingly favor a purposive approach, allowing for more context-sensitive and equitable outcomes. In conclusion, the study underscores the importance of a balanced interpretative approach to Islamic family law in Indonesia, advocating for ongoing reforms and educational initiatives to enhance understanding and application of these principles. This balance is crucial for ensuring that the legal system remains relevant and effective in addressing the needs of Indonesia's diverse Muslim population while respecting its religious.
Qawā'id Fiqhiyyah and Legal Pluralism: Reconstructing Islamic Family Law toward Gender Equality in Indonesia Ismail Jalili; Abdul Kabir Hussain Solihu
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 2 (2026): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i2.536

Abstract

The relationship between Islamic family law and national law in Indonesia is still an important legal issue, especially in the areas of marriage, inheritance, child custody, and family rights. However, existing studies tend to focus on formal legal reform and legal pluralism without providing a systematic analytical framework for harmonization that is explicitly based on Qawāʾid Fiqhiyyah and oriented towards gender equality. This research fills this gap by formulating and applying an analytical framework based on Qawāʾid Fiqhiyyah to examine how key legal principles can be used to resolve the normative conflict between Islamic family law and Indonesian national law while promoting gender justice. This study uses a qualitative research design with a comparative-analytical approach through document analysis of classical and contemporary Islamic legal sources, Indonesian laws and regulations, important court decisions, and scientific works that have gone through a peer review process, using iterative coding and thematic comparison. This study centers on the basic principles of justice (ʿadl), benefit (maṣlaḥah), prevention of harm (darʾ al-mafāsid), and custom ('urf), which are operationalized as criteria for assessing legal provisions and patterns of interpretation. The findings of the study show, first, that Qawāʾid Fiqhiyyah facilitates a contextual reinterpretation of family law rules so that provisions on marriage guardianship, alimony, and divorce can be harmonized with constitutional guarantees of equality; second, that the principles of maṣlaḥah and the prevention of harm provide a principled basis for courts to prioritize protection from violence and discrimination in childcare and inheritance disputes; and third, that the recognition of the legitimate 'urf opens up space for the integration of Indonesian socio-legal realities into Islamic legal reasoning without abandoning its doctrinal foundation. Theoretically, this study makes a contribution to formulating Qawāʾid Fiqhiyyah not only as a technical rule of fiqh, but as a normative-analytical framework for the harmonization of rights-based law between Islamic family law and national law in the context of modern countries with Muslim populations.