SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum
Vol. 5 No. 5 (2026): SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum

Equality of Marriage Rights of Persons with Disabilities in the Perspective of Maqāṣid al-Syarī'ah

neneng sri sundayani (Universitas Islam Negeri Sunan Ampel Surabaya)



Article Info

Publish Date
27 Oct 2026

Abstract

People with disabilities basically have equal rights to marry and form families, but in practice still face stigma, discrimination, and limited access to marriage services. This study aims to analyze the equality of marriage rights of persons with disabilities in Islamic law and examine it through the perspective of maqāṣid al-syarī'ah Jasser Auda. This research is a normative legal research with a conceptual approach and a statute approach, using library research as a technique for collecting legal materials. The analysis is carried out through content analysis, legal interpretation, and the maqāṣid al-syarī'ah approach with a systems approach. The results of the study show that disability is not a reason to eliminate a person's rights in marriage as long as legal skills and contract provisions are met. However, substantive equality is still hampered by stigma, discrimination, and limited access to services. Jasser Auda's perspective through the principles of openness, wholeness, purposefulness, and multi-dimensionality shows that the fulfillment of the right to marry is not enough through normative recognition, but requires a legal system that is inclusive, accessible, fair, and oriented towards the benefit and dignity of human beings

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Journal Info

Abbrev

seikat

Publisher

Subject

Arts Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum (SJISPH) is an open access, and peer-reviewed journal, with the online registered number E-ISSN 2964-0962. Our main goal is to disseminate current and original articles from researchers and practitioners on various contemporary social, political and law ...