Imtiyaz : Jurnal Ilmu Keislaman
Vol. 9 No. 3 (2025): September

ISLAMIC FAMILY LAW IN THE DIGITAL AGE: RETHINKING MARRIAGE VALIDITY, ONLINE DIVORCE, AND LEGAL PROTECTION

Aries Dirgayunita (Institut Ahmad Dahlan Probolinggo, Indonesia)
Ahmad Syaifuddin Romli (Institut Ahmad Dahlan Probolinggo, Indonesia)
Raden Rara Lisa Faatirahmah (UIN Sunan Kalijaga, Indonesia)



Article Info

Publish Date
20 Sep 2025

Abstract

Islamic Family Law has an important role in ensuring the protection of the rights of family members, but its application still faces challenges in bridging classical fiqh doctrines, contemporary legal developments, and substantive justice demands. Differences in interpretations of legal norms, social changes, and the dynamics of human rights protection demand a critical study of the relevance of the Islamic family law framework in the modern context. This study aims to analyze how Islamic family law protects the rights of family members in the perspective of classical jurisprudence and contemporary legal frameworks and formulate a legal reconstruction approach oriented towards substantive justice. This study uses a qualitative method with a normative juridical approach through conceptual analysis, historical approach, and comparative legal approach. Data were obtained through literature studies of classical fiqh literature, contemporary Islamic family law regulations, and relevant academic studies. The analysis was conducted critically and interpretively taking into account the principles  of maqāṣid al-sharī'ah, substantive justice, and the protection of family rights. This research is directed to identify the continuity and tension between the principle of rights protection in classical doctrine and its application in contemporary legal frameworks, while developing a reconstruction framework that is more responsive to social changes and the needs of family members. This research is expected to make a theoretical contribution to the development of Islamic family law as well as be a conceptual foundation for the reform of legal policies and practices that are more just, contextual, and rights-oriented towards the protection of rights.

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Journal Info

Abbrev

Imtiyaz

Publisher

Subject

Religion Humanities

Description

Jurnal Ilmu Keislaman adalah Jurnal berkala ilmiah yang diterbitkan oleh LP2M STAI Muhammadiyah Probolinggo. Jurnal ini Mengkhususkan diri pada pengkajian ilmu Keislaman baik itu artikel ilmiah maupun hasil ...