USRAH: Jurnal Hukum Keluarga Islam
Vol. 5 No. 1 (2024): April

MELAMPAUI TEKS NORMATIF: REKONSTRUKSI HUKUM ISLAM DALAM PERSPEKTIF SOSIOLOGI PERUBAHAN SOSIAL

Muhammad Alfi Syahrin (Institut Ahmad Dahlan Probolinggo)
Muhammad Agus Salim (Institut Ahmad Dahlan Probolinggo)



Article Info

Publish Date
23 Apr 2024

Abstract

This article examines how social change influences the interpretation and application of Islamic law and proposes a procedural reconstruction of legal reasoning, with Islamic family law as its analytical focus. Using normative legal research with conceptual and sociological perspectives, the study compares recent scholarship on legal pluralism, maqāṣid, ijtihad, and family-law reform. The analysis identifies three channels of social influence: changes in legal objects, factual circumstances, and legal institutions. It develops a three-stage framework consisting of sociological diagnosis, normative assessment, and contextual formulation. Unlike a general appeal for legal adaptation, the framework requires explicit identification of relevant facts, normative authority, reasoning limits, and foreseeable effects. A worked illustration of post-divorce child care distinguishes shared parental responsibility from an automatic equal-time arrangement, emphasizing children’s welfare and legally defensible responsibilities. The framework is presented as a conceptual synthesis rather than an empirically tested reform model. Further examination of case law and administrative practice is recommended.

Copyrights © 2024






Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...