MAQASHID SYARIAH SEBAGAI LANDASAN PEMBARUAN HUKUM KELUARGA ISLAM DI INDONESIA

Abstract

Islamic family law is one of the fields of Islamic law that is closely linked to social, cultural, and economic changes, as well as developments in society. These dynamics call for the reform of family law so that it remains capable of addressing various contemporary issues without losing its normative foundation. This article aims to analyze the maqashid al-sharia as the foundation for the reform of Islamic family law in Indonesia. This study employs a library research method using a juridical-normative and conceptual approach. Data were obtained from the Qur’an, hadith, fiqh texts, legislation, and various scholarly works relevant to the maqashid al-sharia and Islamic family law. The results of the study indicate that the maqashid al-sharia can serve as a methodological framework for understanding and developing Islamic family law by taking into account the primary objectives of sharia, namely promoting public interest and preventing harm. The principles of protecting religion, life, reason, lineage, and property can be used to analyze various family issues such as marriage, divorce, alimony, child protection, women’s rights, and restrictions on child marriage. In the Indonesian context, the maqashid al-sharia approach can reconcile Islamic legal values with the needs of society and the national legal system. Thus, the reform of Islamic family law should not be interpreted merely as a change to fiqh provisions, but as an effort to establish laws that are more responsive, just, beneficial, and in accordance with the objectives of Sharia.