Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ ZENODOarrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
ZENODO
Article . 2025
License: CC BY
Data sources: ZENODO
ZENODO
Article . 2025
License: CC BY
Data sources: Datacite
ZENODO
Article . 2025
License: CC BY
Data sources: Datacite
versions View all 3 versions
addClaim

Legal Politics in the Codification of Islamic Marriage Between Normative and Socio-Philosophical Approaches

Authors: Karmawan,; Nur Rohim Yunus,; Abbas Sofwan Matlail Fajar,;

Legal Politics in the Codification of Islamic Marriage Between Normative and Socio-Philosophical Approaches

Abstract

The codification of Islamic marriage law is part of a political-legal process that reflects the interaction between religious texts, state authority, and the social dynamics of Muslim society. In general, codification is carried out to provide legal certainty and uniformity in the application of Islamic family law. However, approaches to the codification process vary widely, ranging from normative-textual approaches to socio-philosophical approaches oriented towards the maqasid al-shari'ah (objectives of Islamic law) and substantive justice. This study aims to analyse how legal politics operates in the codification process of Islamic marriage law, compare normative and socio-philosophical approaches in codification practice, and examine the extent to which the maqasid approach can strengthen the justice dimension of Islamic family law. This study uses qualitative methods with normative-juridical, conceptual, and comparative legal approaches. The primary data sources come from marriage law codification documents from several Muslim countries, such as the Compilation of Islamic Law (Indonesia), Mudawwanah al-Usrah (Morocco), and the Code du Statut Personnel (Tunisia). Secondary data was obtained from scholarly literature related to Islamic legal philosophy, legal politics, and the maqasid al-shari'ah (objectives of Islamic law). The research findings indicate that the normative approach to codification tends to maintain the continuity of classical fiqh but often ignores social realities and gender justice. Conversely, the socio-philosophical approach opens up space for a more responsive, contextual, and inclusive legal interpretation of the maqasid. Ideally, the codification of family law should integrate these two approaches to create a law that is just, dynamic, and relevant to the needs of contemporary Muslim society.

Keywords

Legal Politics; Codification of Marriage Law; Normative and Socio-Philosophical Approaches

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green