<![CDATA[Gender-based domestic violence remains a serious issue in Indonesia. In this context, QS al-Nisa' (4):34 is still often used as a normative basis for placing men in a dominant position within the family. Previous studies have largely focused on textual and hermeneutic reinterpretations of this verse, while research examining the positivization of qiwamah in Indonesian Islamic family law remains limited. This article traces the evolution of the concept of qiwamah from classical exegesis to the Marriage Law and the Compilation of Islamic Law, and then examines it in light of developments in Indonesian positive law. This study employs a normative-doctrinal method with conceptual, historical, and legislative approaches. Primary legal sources include classical and modern exegeses, Law No. 1 of 1974, the Compilation of Islamic Law, Law No. 23 of 2004, Law No. 12 of 2022, and Supreme Court Regulation No. 3 of 2017. The analysis employs Abdullah Saeed's contextual approach by positioning qiwamah as a legal postulate. The research findings indicate that qawwamun constitutes an implementational value rather than a mandatory one, arising from specific socioeconomic contexts to meet the needs of and protect economically dependent family members. The study also identifies an imbalance in the regulation of nushuz in Article 84 of the Compilation of Islamic Law, as well as tensions between several of these provisions and developments in positive law. This article offers a framework for contextual verification and a roadmap for gradual reformulation through both textual amendments and judicial interpretation.]]>
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