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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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Journal : Legitima : Jurnal Hukum Keluarga Islam

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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.
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