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Maslahah Mursalah sebagai Dasar Pembenaran Pencatatan Perkawinan dalam Hukum Islam dan Hukum Positif Indonesia Dwi Runjani Juwita; Roisul Malik
Journal of Economics, Law, and Humanities Vol. 4 No. 2 (2025): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v4i2.5299

Abstract

This study aims to analyze the theoretical and juridical foundations of marriage registration by examining the relevance of the concept of maslahah mursalah within the framework of the national legal system. The research employs a qualitative approach, utilizing a library research method to collect data from primary and secondary legal sources, including the Qur’an, Hadith, ushul fiqh texts, statutory regulations, and previous studies. The data were analyzed descriptively and analytically by examining the compatibility of the maqāṣid al-sharī‘ah principles in the context of marriage registration. The findings show that marriage registration can be justified syar‘i-ly because it brings public benefit (maslahah), prevents social harm (mafsadah), and strengthens legal protection for husbands, wives, and children. Furthermore, registration functions as an instrument of harmonization between Islamic law and Indonesia’s positive law. The study concludes that marriage registration represents an actualization of maslahah mursalah values in contemporary Islamic law, aligning with the objectives of sharī‘ah and the needs of modern society.
Perlindungan Hak Perempuan dalam Hukum Keluarga Islam Kontemporer di Indonesia: Perspektif Maqasid al-Shari‘ah Roisul Malik; Dwi Runjani Juwita
Jurnal Antologi Hukum Vol. 6 No. 1 (2026): In Press
Publisher : Fakultas Syariah Universitas Islam Negeri Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/antologihukum.v6i1.5922

Abstract

The protection of women's rights in Islamic family law is a crucial issue that continues to evolve along with social, cultural, and technological changes in contemporary Muslim societies. Although Islam has normatively established the principles of justice, equal dignity, and protection of women's human rights, family law practices in various countries still demonstrate a gap between normative ideals and implemented realities. This article aims to analyze the concept of protecting women's rights in contemporary Islamic family law, emphasizing the relationship between normative texts, classical Islamic jurisprudence (fiqh) constructs, and the contextual needs of modern society.This research employs a normative legal research method with conceptual, philosophical, and legislative approaches. Data were obtained through a literature review of primary sources, including the Qur'an, Sunnah, and classical Islamic jurisprudence (fiqh), as well as secondary sources, including legislation, religious court decisions, and contemporary academic studies. The analysis was conducted qualitatively, emphasizing the maqāṣid al-sharī‘ah approach as the primary theoretical framework for assessing the protection of women's rights.The research findings indicate that Islamic family law has strong normative potential in guaranteeing women's rights, such as rights in marriage, divorce, maintenance, child custody, and property ownership. However, rigid textual interpretations, the dominance of patriarchal culture, and weak regulation and law enforcement often hinder the realization of substantive justice for women. In the contemporary context, new challenges such as digital marriage, polygamy without principles of justice, and domestic violence demand a renewal of Islamic family law thinking that is more responsive and oriented toward the public interest.This article asserts that the protection of women's rights in contemporary Islamic family law must be guided by a contextual ijtihad approach that integrates the values of the maqāṣid al-sharī‘ah, gender justice, and human rights principles. Thus, Islamic family law functions not only as a religious norm but also as an instrument of legal protection that is adaptive, humanistic, and relevant to the needs of modern society.