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All Journal Ipso Jure Nomico Journal of Nafaqah Leges Privatae Journal of Strafvordering Indonesian Journal of Adat Recht
Pramidazzura Alifa Rifqi
Universitas Sebelas Maret
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Journal : Journal of Nafaqah

 1 
Gender and Justice in Islamic Family Law: A Critical Analysis of Contemporary Discourse Pramidazzura Alifa Rifqi
Journal of Nafaqah Vol. 2 No. 2 (2025): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0f1dzj81

Abstract

This article critically examines contemporary discourse on gender and justice in Islamic family law, focusing on the structural causes of persistent gender inequality within legally enforced family norms. Although Islamic law is normatively grounded in principles of justice and moral equality, prevailing interpretations of family law often reproduce patriarchal power relations through doctrines governing marriage, divorce, inheritance, and guardianship. This study identifies three core legal problems: normative ambiguity in defining gender justice within Islamic legal sources, interpretive dominance of formalistic classical fiqh over justice-oriented reasoning, and institutional resistance to gender-equitable reinterpretation. Employing a normative juridical method with statute, conceptual, and case approaches, the article analyzes codified Islamic family law, contemporary hermeneutical debates, and patterns of judicial reasoning. The analysis demonstrates that gender injustice persists not due to doctrinal necessity, but because ethical objectives of Islamic law are subordinated to hierarchical interpretive authority. This article argues for a prescriptive reconstruction of Islamic family law grounded in maqāṣid al-sharīʿah, emphasizing substantive justice rather than formal equality. It proposes recalibrating interpretive authority, reforming codified norms, and adopting gender-sensitive legal reasoning to restore the legitimacy and moral coherence of Islamic family law in contemporary societies.
Islamic Criminal Law in Contemporary Academic Discourse: Conceptual and Implementation Challenges Pramidazzura Alifa Rifqi
Journal of Nafaqah Vol. 2 No. 2 (2025): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/7qsmxd57

Abstract

Islamic criminal law remains one of the most contested areas within contemporary legal and academic discourse, particularly regarding its conceptual foundations and feasibility of implementation in modern legal systems. This article examines the conceptual ambiguity and structural challenges surrounding Islamic criminal law by employing a normative juridical approach with statute, conceptual, and case analyses. The study finds that contemporary debates frequently reduce Islamic criminal law to its punitive dimensions, neglecting its jurisprudential foundations rooted in ethical objectives, interpretive reasoning, and procedural restraint. Such reductionism contributes to fragmented academic discourse and directly influences implementation failures in modern state systems. Experiences from jurisdictions such as Aceh and Malaysia demonstrate that the incorporation of Islamic criminal law without methodological adaptation generates legal inconsistency, selective enforcement, and normative conflict. This article argues that the crisis of Islamic criminal law is fundamentally methodological rather than doctrinal. It proposes a prescriptive reconstruction framework grounded in maqāṣid al-sharīʿah, contextual ijtihād, and restorative justice principles to reconcile Islamic criminal law with contemporary legal standards. By repositioning Islamic criminal law as a dynamic and ethically grounded legal tradition, this study contributes to a more coherent and sustainable model of criminal justice reform
Co-Authors Berilian Ayu Kusuma Harly Clifford Jonas Salmon Henny Saida Flora Samsidar Samsidar Sri Wahyuni Jumadi Zulfiani Zulfiani