<b>Family Harmony in Contemporary Islamic Law: Ibn ‘Āshūr’s <i>Maq</i><i>āṣid</i> Perspective on Marital Rights and Duties</b>

This study critically examines Ibn ‘Āshūr’s interpretation of the maqāṣid al-shari’ah and its potential to strengthen harmonious family values in contemporary Muslim societies, with a particular focus on Indonesia. Using a qualitative, descriptive-analytical approach, the research examines Ibn ‘Āshūr’s key writings alongside classical and modern commentaries to provide a comprehensive understanding of his framework. To ensure practical relevance, the study incorporates illustrative examples drawn from jurisprudential sources and current socio-legal realities that shape Muslim family life today. The findings show that Ibn ‘Āshūr’s emphasis on preserving religion, life, intellect, lineage, and wealth provides a strong normative basis for addressing central issues in Islamic Family Law, such as spousal rights, gender equity, and child custody. His prioritization of justice, moral development, and public welfare underscores that legal interpretation should serve broader ethical objectives rather than rigid textualism alone. However, when applied to modern socio-cultural contexts, several challenges emerge. Evolving gender roles, diverse family structures, and socioeconomic disparities often require adaptations beyond Ibn ‘Āshūr’s original formulations. These realities call for a contextualized reading of maqāṣid to maintain its relevance and effectiveness in contemporary settings. This study’s academic contribution lies in bridging classical maqāṣid theory with the concrete needs of modern Islamic Family Law reform. By positioning Ibn ‘Āshūr’s ideas alongside those of contemporary scholars, the research clarifies where his framework remains robust and where it requires reinterpretation. This integrative approach offers a fresh analytical lens for understanding family-related legal issues, combining normative principles with socio-legal awareness.

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Publication Details

Journal
MILRev Metro Islamic Law Review
Published
2025-12-31
DOI
https://doi.org/10.32332/milrev.v5i1.10480
Primary Topic
Gender and Women's Rights
Type
article
Field-Weighted Citation Impact
0.00

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article

Family Harmony in Contemporary Islamic Law: Ibn ‘Āshūr’s Maqāṣid Perspective on Marital Rights and Duties

Ahmad Ibrizul Izzi, Muhamad Zaenal Muttaqin, Reza Fauzi Nazar, Shohibul Wafa Tadzul Arifin et al.
MILRev Metro Islamic Law Review
Gender and Women's Rights
article

Family Harmony in Contemporary Islamic Law: Ibn ‘Āshūr’s Maqāṣid Perspective on Marital Rights and Duties

Ahmad Ibrizul Izzi, Muhamad Zaenal Muttaqin, Reza Fauzi Nazar, Shohibul Wafa Tadzul Arifin, Muhamad Yogi Sandra
article en

Abstract

This study critically examines Ibn ‘Āshūr’s interpretation of the maqāṣid al-shari’ah and its potential to strengthen harmonious family values in contemporary Muslim societies, with a particular focus on Indonesia. Using a qualitative, descriptive-analytical approach, the research examines Ibn ‘Āshūr’s key writings alongside classical and modern commentaries to provide a comprehensive understanding of his framework. To ensure practical relevance, the study incorporates illustrative examples drawn from jurisprudential sources and current socio-legal realities that shape Muslim family life today. The findings show that Ibn ‘Āshūr’s emphasis on preserving religion, life, intellect, lineage, and wealth provides a strong normative basis for addressing central issues in Islamic Family Law, such as spousal rights, gender equity, and child custody. His prioritization of justice, moral development, and public welfare underscores that legal interpretation should serve broader ethical objectives rather than rigid textualism alone. However, when applied to modern socio-cultural contexts, several challenges emerge. Evolving gender roles, diverse family structures, and socioeconomic disparities often require adaptations beyond Ibn ‘Āshūr’s original formulations. These realities call for a contextualized reading of maqāṣid to maintain its relevance and effectiveness in contemporary settings. This study’s academic contribution lies in bridging classical maqāṣid theory with the concrete needs of modern Islamic Family Law reform. By positioning Ibn ‘Āshūr’s ideas alongside those of contemporary scholars, the research clarifies where his framework remains robust and where it requires reinterpretation. This integrative approach offers a fresh analytical lens for understanding family-related legal issues, combining normative principles with socio-legal awareness.

MILRev Metro Islamic Law ReviewVol. 5(1)
Syarif Hidayatullah State Islamic University Jakarta (ID), Sunan Gunung Djati State Islamic University Bandung (ID), Université Internationale de Tunis (TN)
Universitas Islam Negeri Syarif Hidayatullah Jakarta
Gender equality
Openalex Percentile: Top 19%
Gender and Women's Rights
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