International Journal of Multidisciplinary Approach Research and Science
Том 4 № 02 (2026): International Journal of Multidisciplinary Approach Research and Science

Reform of Islamic Family Law in Muslim-Majority Countries: Between Classical Fiqh and Modern Legal Systems

Dayan Fithoroini (Universitas Al-Khairiyah, Indonesia)



Article Info

Publish Date
04 Jun 2026

Abstract

This paper explores the intricate relationship between classical Islamic jurisprudence (fiqh) and modern legal systems in the context of family law reforms across Muslim-majority countries. It investigates how the concept of maqasid al-shari’ah serves as a crucial hermeneutic tool in navigating this tension, facilitating the integration of ethical considerations and human rights principles into contemporary legal frameworks. This approach allows for a flexible interpretation of Islamic law, moving beyond rigid adherence to classical texts to address issues such as women's rights and gender equity more effectively. This chapter outlines the research methodology employed to investigate the reform of Islamic Family Law, focusing on the interplay between classical fiqh and modern legal systems. The study utilizes a qualitative research design, employing a comparative analysis of legal reforms across various Muslim-majority countries to identify common trends and unique challenges. The methodology integrates both philosophical-textual analysis of primary Islamic legal texts and empirical data from fieldwork to provide a comprehensive understanding of the reform dynamics. The results show the ongoing reform of Islamic family law in Muslim-majority countries represents a complex yet vital endeavor to reconcile deeply rooted classical fiqh with the evolving demands of modern legal systems and societal expectations. This reform process frequently leverages the maqasid al-shari’ah as a foundational framework for reinterpreting Islamic legal principles, thereby ensuring that legal innovations promote justice, welfare, and equality within contemporary societal contexts. This study contributes both theoretically and empirically to the understanding of how Muslim-majority countries reconcile classical Islamic jurisprudence with contemporary legal reforms in the field of family law.

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Journal Info

Abbrev

ijmars

Publisher

Subject

Agriculture, Biological Sciences & Forestry Chemical Engineering, Chemistry & Bioengineering Economics, Econometrics & Finance Immunology & microbiology Social Sciences

Description

The mission of the International Journal of Multidisciplinary Approach Research and Science (IJMARS) is to promote excellence by providing a venue for academics, students, and practitioners to publish current and significant empirical and conceptual research or builds theory. The journal is a ...