Moderasi : Journal of Islamic Studies
Vol. 4 No. 2 (2024): Desember

Rekontekstualisasi Fikih Keluarga di Era Modern: Studi Perbandingan Indonesia, Tunisia, dan Turki

Hadaiyatullah, Syeh Sarip (Unknown)
Fikri, Arif (Unknown)
Dharmayani, Dharmayani (Unknown)
Karini, Eti (Unknown)
Ismail, Habib (Unknown)



Article Info

Publish Date
18 Dec 2024

Abstract

The recontextualization of family law in Muslim-majority countries has gained significance amidst contemporary social, political, and legal transformations. This study examines the reforms of family law in Indonesia, Tunisia, and Turkey, focusing on gender equality, women's rights, and the limitation of polygamy. Employing a qualitative methodology with a comparative approach, data were gathered from literature reviews, legal documents, and regulations in each country. In Indonesia, the Compilation of Islamic Law (KHI) integrates Islamic jurisprudence with local traditions and human rights principles. Tunisia’s Code du Statut Personnel (CSP) replaces traditional Islamic family law with a secular system emphasizing gender equality. In Turkey, the secular Turkish Civil Code incorporates some elements of Islamic jurisprudence, particularly in inheritance. The findings reveal that while all three countries aim to improve women's positions and align family law with social progress, their approaches differ based on socio-cultural and political contexts. The study concludes that the recontextualization of family law in these countries reflects efforts to balance tradition and modernity, offering improved protection for women's rights through varying local adaptations. These findings contribute to a deeper understanding of family law dynamics in Muslim societies and provide recommendations for reform in similar contexts.

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Journal Info

Abbrev

moderasi

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Social Sciences

Description

Moderasi : Journal of Islamic Studies published by Lajnah Ta lif wan Nasyr Nahdlatul Ulama (LTN-NU) Kabupaten Probolinggo since 2021, can be said as the oldest academic journal dealing with the theme in Indonesian. Moderasi : Journal of Islamic Studies, published twice a year. The subject covers ...