Hijrian Angga Prihantoro
Sunan Kalijaga State Islamic University Yogyakarta

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

The Penal Turn in Muslim Family Regulation: Criminalization and State Enforcement in Contemporary Egypt Hijrian Angga Prihantoro
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.7747

Abstract

Purpose: This study analyzes the penal framework outlined in Articles 168–175 of Egypt’s 2026 Draft Family Law, with particular emphasis on the integration of imprisonment, monetary fines, professional sanctions, and ancillary legal consequences in the regulation and enforcement of family law obligations. It investigates how the differentiated application of criminal sanctions signifies an evolving transformation in the interplay between family law and state penal authority.  Design/methods/approach: This study utilizes qualitative doctrinal legal research with a socio-legal interpretive framework. The principal source analyzed is Chapter Two (al-ʿUqūbāt) of Egypt’s 2026 Draft Family Law, specifically Articles 168–175. These provisions were examined through systematic doctrinal content analysis, focusing on the identification of punishable conduct, legally responsible parties, types and severity of sanctions, cross-references to substantive provisions, and the regulatory interests safeguarded. To contextualize the statutory analysis, relevant legislative materials, scholarly literature, and Egyptian media reports were also incorporated.  Findings: The study reveals that the draft establishes a differentiated penal framework within family law. Article 168 serves as the gateway linking family-law offenses to the broader criminal-law system, whereas Articles 169–175 criminalize specific acts such as child marriage, non-disclosure of income, failure to document and false disclosure in divorce proceedings, misrepresentation of marital status, professional non-compliance by marriage officials, obstruction of visitation and hosting rights, and wrongful retention of children. The prescribed sanctions include monetary fines, alternative imprisonment, professional disqualification, mandatory restoration of the child, and reconciliation mechanisms. These provisions illustrate that criminal law functions not merely as an external remedy but as an internal enforcement tool for family-law norms.  Research implications/limitations: This study advances the understanding of the increasing coercive aspects within contemporary Islamic family law; however, its scope is confined to Articles 168–175 of a legislative draft. Consequently, it does not evaluate judicial interpretation, practical implementation, or the real-world social impacts of these provisions. Future research should investigate the application of these articles post-enactment, assess their proportionality and gendered implications, and explore their connections with Islamic jurisprudence as well as comparative developments in family law across other Muslim-majority jurisdictions.  Originality/value: This study offers an original perspective by conceptualizing Egypt’s 2026 Draft Family Law as a unified penal framework, rather than viewing its sanctions merely as ancillary provisions. It redirects focus from substantive family-law rights to the criminalization of familial obligations. By highlighting this penal shift, the study illustrates how criminal sanctions increasingly serve as an internal mechanism of family-law governance and contributes to the broader scholarship on state coercion within contemporary Islamic family legislation.