Year: 2026
Type: article
Abstract: This study examines the harmonisation of Islamic law with the principle of gender equality in Indonesian family law through the lens of a renewed methodology for interpreting Islamic law that is oriented towards substantive justice. Adopting a normative juridical methodology with a conceptual approach, the study employs qualitative content analysis to examine the interaction between Islamic legal principles, constitutional values, and contemporary human rights norms. The findings demonstrate that the harmonisation of Islamic law and gender equality can be achieved through a reinterpretation of Islamic legal methodology that restores the primary objectives of the sharīʿah (maqāṣid al-sharīʿah), namely justice, public welfare, the protection of human dignity, and the preservation of the family, as the central foundation of legal reasoning. The study further reveals that Indonesian family law has evolved through a multilevel process of harmonisation involving sharīʿah principles, the Indonesian Constitution, and international human rights obligations, thereby producing a dialogic and adaptive model of legal pluralism. Building upon these findings, the study proposes the Progressive Islamic Legal Harmonisation Model (PILHM), a novel conceptual framework founded upon six interrelated pillars: the reinterpretation of maqāṣid al-sharīʿah, Indonesian constitutionalism, the principle of non-discrimination, family protection, substantive equality, and sensitivity to Indonesia's socio-cultural context. This model advances contemporary scholarship on the harmonisation of Islamic law by providing a theoretically robust framework for family law reform that preserves the normative identity of Islamic law while ensuring compatibility with constitutional guarantees of gender equality and internationally recognised human rights standards.
Author: Suud Sarim Karimullah
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7212153699