SHAKHSIYAH BURHANIYAH : Jurnal Penelitian Hukum Islam
Vol. 11 No. 2 (2026): Shakhsiyah Burhaniayh: Jurnal Penelitian Hukum Islam

Otoritas Teks dan Dinamika Hukum Keluarga:: Reinterpretasi Mu‘āsyarah bi al-Ma‘rūf dalam Tafsir Aḥkām Surah al-Nisā’:19

Al Amin, Habibi (Unknown)



Article Info

Publish Date
24 Jul 2026

Abstract

This article examines the interpretative authority regarding Sūrah al-Nisā':19, focusing on the principle of mu'āsyarah bi al-ma'rūf and its relevance to the reform of contemporary Islamic family law. This research stems from the issue that this verse has long served as the normative basis for marital relations, yet its interpretation remains a subject of debate between a textual-normative reading and a contextual-ijtihadi reading. Using a qualitative literature review method through a thematic-comparative exegetical approach and critical hermeneutic analysis, this article examines classical exegesis, modern exegesis, and contemporary literature on maqāṣid al-sharī'ah, the authority of exegesis, and gender justice. The findings indicate that mu'āsyarah bi al-ma'rūf cannot be reduced to mere individual moral ethics, but rather constitutes a legal-ethical principle that demands realisation through justice, the public interest, respect for human dignity, and the protection of vulnerable family members. This article concludes that the authority of the text remains important, but its application requires a dialogical ijtihad that is responsive to the contemporary social context.

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Journal Info

Abbrev

ShakhsiyahBurhaniyah

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focus and Scope Shakhsiyah Burhaniyah Jurnal Penelitian Hukum Islam welcome papers from academicians on theories, philosophy, conceptual paradigms, academic research, as well as religion practices. In particular, papers which consider the following general topics are invited. Marriage Inheritance ...