Qanun : Jurnal Hukum Keluarga Islam
Vol. 3 No. 2 November 2025

Reconstructing the Concept of Women's Rights and Duties in Islamic Marriage Law Based on the Principle of Gender Equality

Moh. Riziq (State Islamic University of Sunan Ampel Surabaya)



Article Info

Publish Date
01 Dec 2025

Abstract

The relationship between the rights and duties of husbands and wives in Islamic marriage law has been regulated as the foundation for the formation of a harmonious family. The Marriage Law and the Compilation of Islamic Law (KHI) mention the balance of rights and positions of husbands and wives, but still structurally differentiate the roles of husbands and wives, triggering tension between the principle of equality and patriarchal legal constructs. This article aims to reconstruct the concept of women's rights and duties in Islamic marriage law and examine its compatibility with gender equality. This study uses qualitative research with a descriptive approach through a literature study, analyzed using content analysis based on gender justice theory and maqashid al-shari'ah. This article argues that women's rights and duties are normatively just, but in practice they still reproduce gender-based hierarchical relations. Rigid role divisions have the potential to place women in subordinate positions. A reinterpretation and reconstruction of Islamic marriage law is necessary in order to reflect substantive gender equality and be in line with the objectives of sharia.

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Journal Info

Abbrev

qanun

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Qanun aims to serve as an academic discussion ground on the development of Islamic Family Law and gender issues. It is intended to contribute to the long-standing (classical) debate and to the ongoing development of Islamic Family Law and gender issues regardless of time, region, and medium in both ...