The Indonesian Journal of International Clinical Legal Education
Vol. 8 No. 3 (2026): September (Article in Press)

Women’s Educational Rights after Marriage in Qatar Family Law: Toward an Educational Partnership through Maqāṣid al-Sharīʿah

Muhammad Nasrulloh (Faculty of Sharia, Universitas Islam Negeri Maulana Malik Ibrahim Malang)
Miftahurrohman Miftahurrohman (Universitas Kiai Abdullah Faqih Gresik)
Novita Dwi Lestari (Universitas Islam Negeri Maulana Malik Ibrahim Malang)
Rafeah Saidon (Academy of Contemporary Islamic Studies (ACIS), Universiti Teknologi MARA (UiTM))



Article Info

Publish Date
13 Oct 2026

Abstract

The protection of women’s educational rights after marriage raises a critical question in Islamic family law: how can educational continuity be reconciled with family obligations without making the former automatically subordinate to the latter? This study examines Article 68 of Qatar’s Family Law No. 22 of 2006 through a normative legal method employing statutory and conceptual approaches. It analyzes the provision alongside related rules on reciprocal marital rights and family welfare, using contemporary maqāṣid al-sharīʿah scholarship to assess the relationship between educational protection and family responsibilities. The findings indicate that Article 68 expressly recognizes a wife’s right to complete compulsory education and continue university education in Qatar, but leaves the criteria for determining conflicts with family obligations insufficiently specified. The study argues that this qualification should be interpreted proportionately, taking into account both the wife’s educational continuity and the spouses’ reciprocal responsibilities, rather than treating domestic obligations as an automatic ground for restricting education. To develop this interpretation, the article proposes Educational Partnership in Marriage as a normative framework grounded in reciprocal support, negotiation, and shared accommodation of educational and family needs. By connecting the protection of intellect (ḥifẓ al-ʿaql) with family welfare and the protection of offspring (ḥifẓ al-nasl), the study demonstrates how maqāṣid can inform the interpretation of a specific family-law provision. The framework offers a conceptual reference for further legal research and comparative discussions on protecting women’s educational continuity after marriage, including in Indonesia.

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Journal Info

Abbrev

iccle

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The journal also supported and supervised by Law Clinics at Faculty of Law Universitas Negeri Semarang, such as Anti-Corruption Law Clinic, Women and Gender Law Clinic, Human Rights Clinic, Employment Law Clinic, Land Law Clinic, Statutory Law Clinic, Environmental Law Clinic, and some Research ...