Reconstructing Islamic Family Law through Maqāṣid al-Sharīʿah in Contemporary Muslim Societies

Abstract

Islamic family law continues to face challenges arising from changing family structures, gender relations, individual rights, and state legal institutions in contemporary Muslim societies. These developments raise questions about how classical fiqh can remain relevant while preserving the normative foundations of Islamic law. This study examines the reconstruction of Islamic family law through maqāṣid al-sharīʿah and develops a conceptual framework connecting Islamic legal tradition with contemporary social realities. The study employed a qualitative library research design using scholarly articles, academic books, legal documents, and classical and contemporary Islamic jurisprudential works. Data were analyzed through thematic analysis following Braun and Clarke’s six-phase framework. The findings indicate that classical fiqh remains an important foundation of Islamic family law, but changing social circumstances require contextual reinterpretation of inherited legal formulations. Maqāṣid al-sharīʿah functions as a conceptual bridge between legal tradition and contemporary realities by emphasizing justice, protection, human dignity, and family welfare. The study proposes a conceptual model consisting of classical fiqh, contemporary social transformation, maqāṣid al-sharīʿah, critical reinterpretation, and legal reconstruction. The model contributes a conceptual basis for developing Islamic family law that remains grounded in Sharia while responding to contemporary Muslim societies.