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Qur'anic legal literacy on the principle of shul (Islah) in family dispute resolution Aprinelita Aprinelita; Hidayatullah Hidayatullah
Priviet Social Sciences Journal Vol. 6 No. 2 (2026): February 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i2.1289

Abstract

Family disputes arise when there is a conflict or incompatibility between parties. In this sense, a problem can be interpreted as a situation in which the parties experience pros and cons or incompatibility with the agreement made between them. This is still related to the status of humans as social beings. The existence of disputes between humans inspires the birth of the desire to resolve the conflict/dispute that occurs between them.  In dispute resolution, Islam places great emphasis on peace to anyone who is in conflict, and the settlement of disputes arises more from the wishes and initiatives of the parties to the dispute, so that mediators play a petrified role in reaching agreements. In Islamic law, the mediation procedure used to resolve family disputes is called al-sulh, which means to settle, involving a hakam. The processes and facts of society are different. The mediation stage is not necessary if the couple can resolve conflicts within their families. In such situations, they can only resolve the issue with the agreement they made before, and there is no further process. However, when conflicts cannot be resolved simultaneously, families require a trusted family mediator or judge. Therefore, certain stages in this mediation process are necessary to reach an agreement between the two parties. First, each party to the conflict must be willing to present its grievances to the mediator. The second process is peace carried out by third parties. A third party does this by identifying the root cause of the conflict. The third process begins when the midpoint is determined. This process requires the approval of each family that has problems with the solution offered by a mediator. The fourth or an advanced process can be initiated. The mediator in the community is usually a religious figure or community leader, such as a kyai, a hamlet head, or maybe even a hakam, or a trusted family member.
Women's justice and protection in family law: A normative examination of the principles of the qur'an answers the accusation of patriarchal bias Rully Hevrialni; Hidayatullah Hidayatullah
Priviet Social Sciences Journal Vol. 6 No. 2 (2026): February 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i2.1293

Abstract

This study is motivated by the growing accusation that Islamic family law is inherently patriarchal and fails to protect women adequately. Such criticisms arise from the gap between Qur'anic principles of justice and socio-cultural practices, as well as traditional interpretations shaped by patriarchal structures. In response to this issue, this study aims to re-examine the principles of justice and women's protection in the Qur'an using a normative approach combined with Qur'anic feminist perspectives. The central question addressed is whether the Qur'anic text itself supports patriarchy or whether patriarchal tendencies originate from historical interpretations and cultural practices surrounding the text. This research employs a qualitative method using library research and thematic content analysis (maudhu'i). The primary data consisted of Qur'anic verses related to gender relations, marriage, divorce, and family responsibilities, while the secondary data included classical and contemporary tafsir literature as well as feminist Islamic scholarship. The analysis focuses on identifying patterns of meaning, moral objectives (maqāṣid), and substantive justice embedded within the Qur'anic discourse. The findings reveal that the Qur'an is inherently anti-patriarchal and strongly upholds principles of justice, reciprocity, and the protection of women's dignity. Verses such as Qur'an 4:1, 4:19, 2:231, and 9:71 emphasize women's spiritual, social, and economic rights. The study concludes that patriarchal bias does not originate from the Qur'anic text itself but from socio-historical interpretations shaped by patriarchal contexts. Therefore, reconstructing Islamic family law based on maqāṣid al-Qur'an is essential for developing a more just, humane, and gender-responsive model of family relations aligned with the Qur ‘an’s ethical spirit.