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All Journal Madani: Multidisciplinary Scientific Journal
Aldin, Din Alief Alwan
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Upholding Gender Justice Principles within the Framework of Islamic Law Aldin, Din Alief Alwan; Alfian, Befri; K, Kurniati
Madani: Jurnal Ilmiah Multidisiplin Vol 4, No 1 (2026): February 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18456882

Abstract

The development of gender justice discourse in contemporary Islam demonstrates a significant diversity of paradigms of thought, particularly in responding to the tension between classical fiqh normative texts and modern equality demands. This study aims to analyze the differences in the characteristics of Islamic legal thought paradigms, their critical implications for the implementation of family law, and their values in the context of maqasid al-sharia. Using a descriptive-qualitative approach with a normative-empirical literature study, the analysis is carried out through mapping textual and contextual paradigms, critical evaluation, and transformational reconstruction based on the Qur'an and Hadith. The results show a gap between the ontological principle of equality in the Qur'an and formalistic legal practices that are still influenced by patriarchal culture, where the dominance of textual approaches has not fully realized the benefit (maslahah) for women. The study recommends a paradigm synthesis for the development of applicable, inclusive, and gender-just Islamic law.
Co-Authors Alfian, Befri K, Kurniati