<![CDATA[This article analyzes the construction of qiwāmah in Articles 79–80 of the Compilation of Islamic Law (Kompilasi Hukum Islam, KHI) and its relevance to social developments and the construction of family relations in contemporary Muslim societies. It aims to formulate an interpretation of qiwāmah that responds to changing gender relations without disregarding the legal provisions governing the rights and obligations of husbands and wives under Indonesian family law. This study employs normative legal research using statutory and conceptual approaches. The primary legal materials consist of the KHI, particularly Articles 77–82, and Law No. 1 of 1974 on Marriage, as amended by Law No. 16 of 2019. These materials are analyzed alongside relevant literature on qiwāmah and Jasser Auda’s systems approach to maqāṣid al-sharī‘ah. The analysis reveals a tension between the normative construction of the husband as head of the family and the changing division of roles within contemporary Muslim families. The principles of openness, multidimensionality, and purposefulness provide a basis for interpreting qiwāmah contextually by considering responsibility, functional capacity, justice, and public welfare (maṣlaḥah). A wife’s economic contribution does not automatically transfer the husband’s maintenance obligations or qiwāmah status to her; rather, it is relevant to assessing the distribution of family responsibilities and joint decision-making. This article proposes a conceptual reconstruction of qiwāmah based on functional responsibility (al-qiyāmah al-waẓīfiyyah) to promote justice and family well-being.]]>
