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All Journal al Hairy | Journal of Islamic Law
Putri Mawariza
Sekolah Tinggi Agama Islam Nurul Iman, Parung- Bogor, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Dekonstruksi Hukum Perkawinan Dalam Islam: Analisis Kritis Terhadap Praktik Kawin Kontrak Di Era Modern: Dekonstruksi Hukum Perkawinan Dalam Islam: Analisis Kritis Terhadap Praktik Kawin Kontrak Di Era Modern Fitri Mustafa; Fokky Fuad; Putri Mawariza; Habib Suthon; Jhon Kenedy Aziz
al Hairy | Journal of Islamic Law Vol. 1 No. 1 (2025): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v1i1.14

Abstract

The practice of contract marriage or muwaqqat marriage raises complex problems in the contemporary Islamic legal and ethical order. This article examines this phenomenon from the perspective of classical and contemporary jurisprudence, maqāṣid al-syarī'ah, as well as positive legal regulations in Indonesia. This study shows that contract marriage is not only contrary to the principle of mitsāqan ghalīẓan in Islam, but also has social implications that are detrimental to women and children, especially due to the absence of legal protection. The disharmony between Islamic law and national law exacerbates this situation, exacerbated by the absence of explicit regulations prohibiting the practice. A deconstructive approach to marriage law is needed to dismantle the permissive legal structure against covert exploitation. Through the framework of maqāṣid al-shari'ah and progressive Islamic ethics, this article offers a new legal construction that is just, responsive, and in favor of vulnerable groups. The results of this study are expected to make a real contribution to the advocacy of family law policies based on the values of substantive justice and the protection of human rights.
Maqāṣidī's Approach to Qiwāmah and Nafaqah: Finding Gender Justice in Modern Islamic Family Law Abdurrohman Awalul; Putri Mawariza; Jefry Ardian Syah; Nuranisah Nuranisah
al Hairy | Journal of Islamic Law Vol. 1 No. 2 (2025): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v1i2.69

Abstract

This study reviews the concepts  of qiwāmah (husband's leadership) and nafāqah (maintenance obligation) in Islamic family law through the maqāṣid al-sharī'ah  approach as an effort to find gender justice in the context of the modern Muslim family. Historically, both concepts have often been interpreted hierarchically and patriarchally, which has an impact on the inequality of roles and rights between men and women. This research aims to reinterpret the meaning of qiwāmah and nafāqah based on the principles  of maqāṣid al-sharī'ah such as ḥifẓ al-nafs, ḥifẓ al-nasl, and ḥifẓ al-'ird, so as to give birth to a more substantive and contextual understanding. Using a qualitative-descriptive method based on literature studies, this study examines classical and contemporary sources, including the thought of al-Ghazālī, Ibn 'Āshūr, and Jasser Auda. The results of the study show that the maqāṣidī  approach is able to shift the meaning of qiwāmah into a collective moral responsibility and nafāqah as a participatory economic responsibility. These findings confirm that gender justice in Islamic family law is not a form of liberalization, but rather the actualization of the sharia's benefit-oriented goals (maṣlaḥah). This research makes a conceptual contribution to the development of contemporary Islamic law methodologies and offers a basis for reforming family law norms in Indonesia to be more responsive to the values of equality and justice
Co-Authors Abdurrohman Awalul Fitri Mustafa Fokky Fuad Habib Suthon Jefry Ardian Syah Jhon Kenedy Aziz Nuranisah Nuranisah