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All Journal Mawaddah: Jurnal Hukum Keluarga Islam MASADIR: Jurnal Hukum Islam
Achmad Lubabul Chadziq
Universitas Kiai Abdullah Faqih Gresik
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Kedudukan Perempuan Dalam Penentuan Mahar Menurut Madhab Syafi'i Dan Madzab Hanafi Abdul Halim; Achmad Lubabul Chadziq
MASADIR: Jurnal Hukum Islam Vol. 2 No. 2 (2022): Oktober 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i2.590

Abstract

According to the Shafi school of thought, the concept of dowry does not burden the groom. Likewise, Article 31 KHI explains that the determination of a dowry is based on the principle of ease and simplicity recommended by Islam. However, sometimes there are prospective brides who ask or decide how much dowry should be given to them. Which can create difficulties for the groom-to-be. Unlike the Shafi'i school of thought, the Hanafi school of thought also has its own opinion. This study uses a qualitative method with a type of literature. While data collection techniques by reviewing, researching, understanding and analyzing literature, documents, which are then analyzed using comparative methods to draw valid conclusions. the conclusion shows that in the Shafi'i and Hanafi schools of thought, any item or object that may be used as a medium of exchange, whether in the form of goods or benefits, may also be used as a dowry or dowry. According to the Shafi'i school of thought, there is no definite stipulation on how much or how little the dowry is, but the sunnah is a minimum of 10 dirhams and a maximum of 500 dirhams. Meanwhile, according to Imam Hanafi, the minimum dowry is the same as the amount of stolen property that the thief must cut off his hand, which is 10 dirhams or 1 dinar. Meanwhile, the position of a woman in determining the dowry is a woman's right that must be paid by a man as proof of the seriousness of her love and affection.
The Dynamics of Family Law Reform in Muslim Societies: A Comparative Fiqh Analysis of Gender Justice and Legal Modernization Husain Husain; Achmad Lubabul Chadziq; Fitri Sari Setyorini; Nur Faizah; Siti Khadijah Abdullah Sanek
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.74

Abstract

This study examines the dynamics of family law reform in Muslim societies through a comparative fiqh perspective, with a particular focus on gender justice and legal modernization. The research is motivated by the growing tension between classical Islamic legal doctrines and contemporary demands for equality, especially in the domain of family law, which directly governs gender relations. It aims to analyze how Muslim countries reinterpret Islamic legal principles to accommodate evolving social realities while maintaining normative legitimacy. This research employs a qualitative legal method with a comparative and normative approach. Primary data consist of statutory regulations on family law from selected Muslim-majority countries, including Indonesia, Morocco, and Tunisia, while secondary data are derived from classical fiqh literature, contemporary scholarly works, and international human rights instruments. Data are collected through document analysis and examined using interpretative and comparative analytical techniques grounded in maqāṣid al-sharī‘ah. The findings reveal that reforms in family law across Muslim societies demonstrate a shift from rigid textualism toward contextual and purposive interpretations of Islamic law. Countries adopting progressive reforms tend to integrate gender justice principles by reinterpreting doctrines such as qiwāmah, polygamy, and divorce rights, aligning them with broader objectives of justice, welfare, and human dignity. Moreover, the incorporation of international human rights norms has influenced legal restructuring, although often mediated by local religious and political considerations. In conclusion, the study affirms that the integration of gender justice within Islamic family law is both normatively justifiable and socially necessary, and therefore recommends the adoption of a maqāṣid-based interpretative framework alongside institutional legal reform to ensure a more equitable, adaptive, and sustainable family law system in Muslim societies.
Co-Authors Abdul Halim Fitri Sari Setyorini Husain Husain Nur Faizah Siti Khadijah Abdullah Sanek