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All Journal An-nisa: Journal of Islamic Family Law Legitima : Jurnal Hukum Keluarga Islam
Bimawan, Henri
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Status of Pre-Islamic Arab Women: Reform and the Challenge of Fulfilling Women's Rights in Contemporary Islamic Family Law Practice Bimawan, Henri; Haeqhal, Muhammad; Marhadi; Rafi Kusuma F.R; Try Rama Bagus Sanjaya
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/fv66cf88

Abstract

Purpose - This study aims to analyze the social status of Arab women during the Jahiliyyah period, within the context of the patriarchal social system that dominated Arab society at that time, and to evaluate how these conditions influenced the development of contemporary Islamic family law, particularly in terms of fulfilling women's rights. Methods - The research method used was a literature study with a historical approach. The primary data in this study consisted of verses from the Qur'an, while the secondary data included scientific references related to the research theme. Data were collected using documentation techniques and analyzed using content analysis techniques. Findings - The status of women in pre-Islamic Arabia was very marginalized, and they did not have proper legal status (in terms of inheritance, marriage, and social status). The arrival of Islam brought significant changes that improved the status of women by granting them basic rights. Reform efforts undertaken by Muslim countries, such as restrictions on polygamy, child custody rights, and fairer inheritance rules, are manifestations of the spirit of the Qur'an in creating justice and protecting women's rights. Research implications - Practically, the findings can be used as a basis for normative reflection for family law legislation with a gender justice perspective in contemporary Muslim societies. Originality/value - The originality of this research lies in its critical approach to the dominant narrative about pre-Islamic Arab women and its contextual connection to the development of Islamic family law.
Islamic Family Law in Tunisia: Reforms, Characteristics, and Challenges Hayati, Mala; Yati, Rahma Zulkhairi; Amri, Aulil; Azizah, Putri; Bimawan, Henri; Fitri, Inayatul
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.244

Abstract

Tunisia is a country in North Africa with a Muslim majority population that underwent significant reforms in family law after independence in 1956 through the passage of the Code du Statute Personnel (CSP). The reform is known to be progressive because it promotes gender equality and the protection of women's rights, while remaining grounded in Islamic values. Previous studies have focused more on normative aspects or described Tunisia as a model for family law reform in the Islamic world, but there is still limited research that explores the characteristics of this reform in a socio-political context, especially after the 2011 Revolution. This study uses a literature review method with a descriptive-qualitative approach to analyze regulations related to marriage, divorce, marital rights and obligations, and inheritance in Tunisian family law. The results of the study show that the reform of family law in Tunisia is marked by a balance between the principles of modernity and religious tradition, which is reflected in egalitarian policies towards women and restrictions on discriminatory practices in the family. These findings affirm Tunisia's position as a pioneer of Islamic family law reform with a distinctive model, while revealing the dynamics and challenges that arose in its implementation after the 2011 Revolution. This research provides an academic contribution in the form of a critical analysis of the Tunisian experience which can be an important reference for the development of Islamic family law in other Muslim countries.
Co-Authors Amri, Aulil Azizah, Putri Fitri, Inayatul Haeqhal, Muhammad MALA HAYATI, MALA Marhadi Rafi Kusuma F.R Try Rama Bagus Sanjaya Yati, Rahma Zulkhairi