Reinterpreting Gender Jurisprudence: A Methodological Analysis of Women's Rights in Modern Islamic Family Law

Abstract

The development of modern society has prompted the need to reinterpret Islamic family law to maintain its relevance to the principles of justice, equality, and human rights protection without neglecting the authority of Islamic legal sources. This article aims to analyze the reinterpretation of gender fiqh through a methodological approach to women's rights in modern Islamic family law, emphasizing the shift in interpretive paradigms, the deconstruction of classical fiqh doctrines, and their implications for the formation of contemporary family law regulations. This study uses a normative legal research method with a statutory regulatory approach, a conceptual approach, and a comparative approach. Data were obtained through a literature review covering the Qur'an, hadith, laws and regulations, court decisions, and classical and contemporary fiqh literature, which were analyzed qualitatively using descriptive-analytical techniques. The results show that the methodological shift from textualist reading to contextual hermeneutics has resulted in a more adaptive system of Islamic family law in the aspects of marriage, divorce, economic rights, childcare, and protection against gender-based discrimination. These reforms reflect the harmonization of Islamic sharia values, developments in human rights, and the needs of contemporary society. Thus, reinterpretation of gender jurisprudence through methodological renewal becomes an important instrument in realizing an Islamic family law system that is more responsive, inclusive, just, and remains based on the fundamental principles of Islamic law.