USRAH: Jurnal Hukum Keluarga Islam
Vol. 5 No. 2 (2024): Oktober

PEMBAHARUAN HUKUM KELUARGA ISLAM DALAM MENGHADAPI TANTANGAN SOSIAL KONTEMPORER PERSEPEKTIF MAQASHID SYARIAH

La Harisi, Isnain (Unknown)
M. Wahid Abdullah (Unknown)



Article Info

Publish Date
23 Oct 2024

Abstract

This study examines the necessity of reforming Islamic family law in response to contemporary social challenges from the perspective of Maqashid Syariah. The rapid changes in social norms, particularly regarding gender roles, divorce, and women's rights, call for a flexible approach to Islamic law that remains rooted in the principles of justice and welfare. Maqashid Syariah, or the higher objectives of Islamic law, provide a theoretical framework that focuses on preserving religion, life, intellect, lineage, and wealth. Through qualitative research, particularly literature review and content analysis, this study identifies key areas where Islamic family law can be reformed to better address contemporary issues without compromising core Islamic values. The findings reveal that gender roles within the family should be more equitable, with greater recognition of women's roles both inside and outside the household. In the area of divorce, the law must ensure justice and protection for women and children, aligning with the objectives of Maqashid Syariah to safeguard life and lineage. Additionally, women’s rights in inheritance and financial matters should be strengthened. This study demonstrates that the principles of Maqashid Syariah offer a robust and adaptable framework for reforming Islamic family law to meet the needs of contemporary society while maintaining the integrity of Islamic teachings. Keywords: contemporary challenges, Islamic family law, legal reform,Maqashid Syariah.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...