USRATY : Journal of Islamic Family Law
Vol. 4 No. 2 (2026): USRATY : Journal of Islamic Family Law

Family Conflict Resolution Through Maqasid Al-Shariah: Reconstructing Contemporary Islamic Family Law in Indonesia

Miftakur Rohman (Universitas Kiai Abdullah Faqih Gresik)
Ach. Syarifuddin Abdulloh (Universitas Kiai Abdullah Faqih Gresik)
Muhammad Machbub (Universitas Kiai Abdullah Faqih Gresik)
Muhammad Naufal 'Adani (Universitas Kiai Abdullah Faqih Gresik)
Samir Salman (Al Ahqaff University)



Article Info

Publish Date
10 Oct 2026

Abstract

This study develops a normative framework for managing Muslim family conflicts in Indonesia by integrating maqasid al-shariĘżah, family law, and family resilience to determine when reconciliation is appropriate and when protection and access to divorce should take priority. It employs normative legal research using statutory and conceptual approaches. The analysis examines legal provisions on marriage, religious courts, mediation, domestic violence, family development, and personal data protection, alongside classical maqasid texts and contemporary scholarship. Textual, systematic, and purposive interpretation distinguishes existing legal obligations from proposed institutional arrangements. The findings reveal three principal results. First, the five essential protections provide interconnected criteria for assessing threatened interests, while dignity operates across these protections. Second, reconciliation obligations must be interpreted alongside safeguards against violence and the legal possibility of resolving ancillary claims when reconciliation fails. Third, existing institutional mandates provide a basis for developing referral arrangements without establishing a parallel adjudicative body. The study concludes that effective family conflict management requires differentiated responses rather than treating reconciliation as a universal objective. Protection should take priority when violence or coercion compromises safe participation, whereas counseling or mediation may be appropriate when participation remains safe and meaningful. The academic contribution lies in developing a structured normative decision framework connecting Islamic legal objectives, Indonesian family law, and family resilience within a single analytical model. This framework supports institutional adaptation and empirical testing without presuming improved outcomes. Future evaluation should assess safety, rights fulfillment, child welfare, and access to justice alongside reconciliation.

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Journal Info

Abbrev

usraty

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

FOCUS Usraty focuses to provide a scientific article on Islamic family law that developed in attendance through the article publications. SCOPE Usraty welcomes papers from academicians on theories, philosophy, conceptual paradigms, academic research, as well as religious practices. In particular, ...