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All Journal Al-hikmah : International Journal of Islamic Studies
Aziah binti Muh Yusof
Institut Aminuddin Baki
Religion Humanities Education Environmental Science Other

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Reconstructing Women's Rights in Islamic Marriage Law through Contemporary Legal Thought Robiatul Adawiyah; Ilia Arifah; Aziah binti Muh Yusof
Al-Hikmah: International Journal of Islamic Studies Vol. 1 No. 1 (2025): JUNI
Publisher : PT. Education Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64540/0wppss78

Abstract

The construction of women's rights in Islamic marriage law remains a contested scholarly issue, particularly regarding the relationship between classical jurisprudential interpretations, historically embedded patriarchal assumptions, and the evolving demands of gender justice in contemporary Muslim societies. This study aims to critically examine the historical and epistemological foundations of women's marital rights in classical Islamic jurisprudence and to develop a coherent conceptual framework for their reconstruction through contemporary Islamic legal thought. Employing qualitative normative legal research with historical-conceptual analysis and contextual hermeneutics, the study examines classical jurisprudential discourses alongside contemporary approaches to maqāṣid al-sharīʿah, gender-just legal reasoning, and Islamic legal reform. The conceptual analysis identifies a fundamental distinction between the ethical principles of Islamic law and historically contingent jurisprudential formulations that have shaped gender-based marital authority, reciprocal obligations, economic rights, and access to divorce. It further proposes an integrative reconstruction framework that combines normative legitimacy, contextual interpretation, and substantive justice to reassess women's rights within marriage. Rather than rejecting classical jurisprudence, the proposed framework critically reinterprets its legal reasoning in light of justice, human dignity, mutual responsibility, and contemporary social realities. This study contributes to Islamic family law scholarship by advancing a theoretically grounded model of legal reconstruction that bridges jurisprudential continuity and transformative legal reform, offering conceptual implications for developing more equitable and contextually responsive Islamic marriage laws.
Beyond Marital Satisfaction: Reconstructing Psychological Well-Being Through Islamic Family Ethics Ahmad Syaifuddin Romli; Luluk Nur Isnaini; Fauziah; Aziah binti Muh Yusof
Al-Hikmah: International Journal of Islamic Studies Vol. 1 No. 2 (2025): Desember
Publisher : PT. Education Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64540/89c2ww58

Abstract

This study examines how Islamic family ethics can reconstruct psychological well-being beyond conventional assessments of marital satisfaction and proposes an integrative framework for Muslim marital relationships. Using qualitative library research and an integrative literature review, the study synthesizes scholarship on Islamic family ethics, psychological flourishing, marital relationships, and the sociology of Islamic family law through thematic and conceptual analysis. The synthesis identifies three interconnected pathways: emotional mechanisms involving affection, compassion, and emotional security; moral mechanisms involving justice, dignity, autonomy, and accountability; and relational mechanisms involving reciprocal care, respectful communication, shared decision-making, and conflict resolution. These pathways suggest that marital satisfaction alone cannot adequately capture psychological well-being, particularly where unequal responsibilities or power imbalances undermine individual flourishing. The study proposes a four-component Islamic ethical–psychological framework linking ethical foundations (mawaddah, rahmah, 'adl, and mu'asharah bi al-ma'ruf), emotional and moral mechanisms, relational practices, and multidimensional well-being outcomes. Sociocultural expectations and gender relations are recognized as contextual influences on these proposed relationships. The framework contributes to Islamic family law sociology by connecting normative ethical principles with lived marital experiences and offers conceptual guidance for premarital education and culturally responsive family counseling. Its proposed mechanisms require further empirical validation across diverse Muslim communities.
Co-Authors Ahmad Syaifuddin Romli Fauziah Ilia Arifah Luluk Nur Isnaini Robiatul Adawiyah