Between Shari’ah and Secularism

This study examines the controversies surrounding Islamic family law in Tunisia, situated at the intersection of Shari'ah tradition and state-led modernization. Tunisia is widely recognised as a pioneer among Muslim-majority countries for its progressive reform of family law through the enactment of the Majallah al-A?wal al-Shakh?iyyah (Code of Personal Status, CPS) in 1956. This codification outlawed polygyny, granted women the right to petition for divorce, and enshrined principles of gender equality - measures that have provoked sustained debate among jurists, Islamic activists, and the broader public. This study draws library research. The research reveals that Tunisian family-law reform represents a contextualised exercise of ijtihad, aimed at reconciling Islamic objectives with contemporary social imperatives. By illuminating the conflict between tradition and modernity in Tunisian jurisprudence, this article contributes to global scholarship on the relationship among religion, state, and law in contemporary Muslim societies

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Publication Details

Journal
JURNAL PENELITIAN KEISLAMAN
Published
2025-07-14
DOI
https://doi.org/10.20414/jpk.v21i1.12616
Citations
1
Primary Topic
Islamic Studies and History
Type
article
Field-Weighted Citation Impact
8.52
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article

Between Shari’ah and Secularism

Ali, Kholifatul Maghfiroh, Dyah Syifa Herawati, Septi Apriliyani P et al.
1 citations
JURNAL PENELITIAN KEISLAMAN
Islamic Studies and History
8.52
article

Between Shari’ah and Secularism

Ali, Kholifatul Maghfiroh, Dyah Syifa Herawati, Septi Apriliyani P, Naila Umdah Zuhaidah
article en
1 citations

Abstract

This study examines the controversies surrounding Islamic family law in Tunisia, situated at the intersection of Shari'ah tradition and state-led modernization. Tunisia is widely recognised as a pioneer among Muslim-majority countries for its progressive reform of family law through the enactment of the Majallah al-A?wal al-Shakh?iyyah (Code of Personal Status, CPS) in 1956. This codification outlawed polygyny, granted women the right to petition for divorce, and enshrined principles of gender equality - measures that have provoked sustained debate among jurists, Islamic activists, and the broader public. This study draws library research. The research reveals that Tunisian family-law reform represents a contextualised exercise of ijtihad, aimed at reconciling Islamic objectives with contemporary social imperatives. By illuminating the conflict between tradition and modernity in Tunisian jurisprudence, this article contributes to global scholarship on the relationship among religion, state, and law in contemporary Muslim societies

JURNAL PENELITIAN KEISLAMANVol. 21(1)
Universitas Pekalongan (ID)
Openalex Percentile: Top 4%
Islamic Studies and History
8.52
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Between Shari’ah and Secularism — Ali, Kholifatul Maghfiroh, et al. · JURNAL PENELITIAN KEISLAMAN (2025) | TGRS Research Map | TGRS