Bulletin of Counseling and Psychotherapy
Vol. 6 No. 2 (2024): Bulletin of Counseling and Psychotherapy

Mental Health Rehabilitation of Post-Divorce Women: Reconstructing Islamic Family Law in a Contemporary Context

Iwannudin, Iwannudin (Unknown)



Article Info

Publish Date
01 Jun 2024

Abstract

This study examines the rehabilitation of women’s mental health after divorce through the reconstruction of Islamic family law in a contemporary context. The main issue identified is the lack of attention to women’s psychological well-being in the practice of Islamic family law, despite the maqāṣid al-syarī‘ah emphasizing the protection of life (ḥifẓ al-nafs). The dominant formal legal paradigm tends to focus on the legality of marriage, divorce, child custody, and alimony without considering the post-divorce psychological impact, leaving women vulnerable to mental health risks, social stigma, and gender inequality. This study aims to reconstruct Islamic family law using a rehabilitative approach that integrates the principles of maqāṣid al-syarī‘ah and gender justice. A qualitative method with normative-empirical analysis was employed, reviewing Islamic legal sources, fiqh, the Compilation of Islamic Law (KHI), Marriage Law, court decisions, and in-depth interviews with judges, lawyers, and post-divorce women. Findings indicate that gender bias, patriarchy, and weak enforcement of substantive rights exacerbate mental vulnerability. A rehabilitation-based legal reconstruction provides psychological support, mental health-oriented mediation, and respect for women’s decisions, making Islamic family law more humane, gender-responsive, and consistent with maqāṣid al-syarī‘ah.

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Journal Info

Abbrev

bocp

Publisher

Subject

Health Professions Public Health Other

Description

The BOCP aims to provide a platform for examining and discussing issues in counseling, psychotherapy, and other related topics. It invites submissions from diverse perspectives and approaches, including those from developing countries. The journal aims to promote ongoing dialogue and discourse on ...