<![CDATA[This article addresses an unresolved doctrinal tension in Islamic family law: the qawwāmah doctrine positions the husband as domestic authority, yet a growing number of Indonesian women now hold substantial public political authority as regional heads and legislators. The study reconstructs qawwāmah as a functionally contingent, maqāṣid-oriented responsibility rather than a fixed hierarchical status, proposing a framework to reconcile this inconsistency. This is a normative-juridical (yuridis-normatif) study using qualitative content analysis of classical and contemporary Islamic legal texts on qawwāmah and women's political leadership, read alongside Indonesia's Marriage Law and Compilation of Islamic Law. The analysis is synthesized through Jasser Auda's systems-oriented (niẓāmī) maqāṣid al-sharī'ah framework, drawing on secondary documentary sources and biographical accounts of women in regional offices as illustrative material rather than primary interview data. Qawwāmah is better understood as function-based rather than ontological, conditioned on fulfilling maintenance and protection rather than permanently attached to the husband. Documentary observations suggest, as a preliminary pattern requiring further testing, that households may distinguish symbolic, decisional, and material registers of authority. Applying Auda's six systems-features shows how this reconstruction serves family stability, human dignity, and public welfare. This article is conceptual and doctrinal; findings are illustrative hypotheses requiring further empirical and comparative research. This study offers an integrated maqāṣid-based framework linking qawwāmah with women's de facto political authority, extending maqāṣid's application from public law to family law reform.]]>
Copyrights © 2026
