Justicia Religia
Vol 3 No 2 (2025): Justicia Religia: Jurnal Hukum Islam

Hak dan Kewajiban Suami–Istri dalam Fikih Klasik dan Kontemporer

Sugiri (Universitas Al-Khairiyah)
Dayan Fithoroini (Universitas Al-Khairiyah)
Yogie Fahrisal (Universitas Al-Khairiyah)



Article Info

Publish Date
08 Dec 2025

Abstract

This study examines the formulation and evolution of spousal rights and obligations in classical and contemporary Islamic jurisprudence through a library research approach. Classical texts such as al-Majmu‘, al-Mughni, and Bidayat al-Mujtahid outline a normative structure of marital relations based on reciprocal duties, with economic maintenance (nafkah), mahr, and protection identified as primary obligations of the husband, while domestic management and obedience within lawful limits are traditionally assigned to the wife. Contemporary scholarship, however, demonstrates increasing reinterpretations driven by socioeconomic change, gender dynamics, and legal developments in Muslim-majority contexts, including Indonesia. Modern studies emphasize the necessity of contextualizing classical provisions to ensure alignment with maqāṣid al-syarī‘ah, particularly the principles of justice, dignity, and harm prevention (dar’ al-mafasid). The findings highlight that harmonizing classical jurisprudence with contemporary legal frameworks such as statutory reform and judicial practice offers a pathway toward a more equitable and responsive model of marital rights and responsibilities.

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Journal Info

Abbrev

jure

Publisher

Subject

Description

Justicia Religia is an Islamic Law Journal published by Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) Universitas Al-Khairiyah. The journal features scholarly publications in the field of Islamic Law, encompassing classical and contemporary Islamic legal studies; comparative studies between ...