Legal Pluralism and Islamic Family Law: Negotiating Sharia, Fiqh, and State Law

Abstract

Legal pluralism provides an important perspective for understanding how Islamic family law operates when religious norms, juristic interpretations, state regulations, and social practices coexist. This study examines how Sharia, fiqh, state law, customary norms, and social practices interact in shaping contemporary Islamic family-law authority. Using a qualitative library research design, the study analyzed relevant scholarly literature, legal documents, and academic sources through thematic analysis and conceptual synthesis. The analysis focused on the normative role of Sharia, the interpretive function of fiqh, the institutionalization of Islamic legal norms through state law, and the interaction of formal law with customary and social practices. The findings indicate that Islamic family law develops through continuous interaction among these legal dimensions rather than through a single source of authority. Sharia provides the normative foundation, fiqh enables interpretation and contextualization, while state law institutionalizes selected legal interpretations. Customary norms and social practices further shape the implementation of family-law norms in particular contexts. The study concludes that legal pluralism should be understood as a dynamic process of legal negotiation involving interaction, adaptation, and accommodation among different sources of authority. The study contributes a conceptual framework for understanding the transformation of Islamic family law within contemporary plural legal environments.