THE CONCEPT OF GENDER EQUITY IN ISLAMIC FAMILY LAW

Abstract

This study aims to analyze the concept of gender justice in Islamic family law from normative-juridical, conceptual, and maqāṣid al-syarī‘ah perspectives. The study employs a qualitative approach using library research. The research data are sourced from the Qur’an, hadith, fiqh and usul al-fiqh literature, legislation, as well as journal articles and scientific research findings relevant to Islamic family law and gender justice. Data collection was conducted through documentary analysis, while data analysis employed descriptive-analytical and comparative techniques through the stages of data reduction, classification, interpretation, and drawing conclusions. The research findings indicate that gender justice in Islamic family law is not synonymous with absolute equality of treatment but relates to the balance of rights, obligations, responsibilities, protection, and the common good between men and women. The concept of qiwāmah can be reconstructed as responsibility-based authority, not male superiority. The concept of nafāqah also needs to be situated within the framework of family economic partnership by recognizing women’s material and non-material contributions. In divorce and ḥaḍānah, substantive justice demands equal legal access and a focus on the best interests of the child. Meanwhile, inheritance issues require a systemic analysis that takes into account the structure of family economic responsibilities. The study concludes that the maqāṣid al-syarī‘ah approach can serve as a methodological framework for developing Islamic family law that is just, contextual, humanistic, and responsive to social change without losing its normative foundation.