A new study from Indonesian Islamic law scholars shows that Maqasid al-Shariah offers a practical framework for gender justice in modern Muslim marriages. The research was conducted by Siti Sahnia Mammenasa D.Y. of the Institut Agama Islam Imam Syafii (IMSYA) Pekanbaru and Rahman Alwi of Universitas Islam Negeri Sultan Syarif Kasim (UIN Suska) Riau, and published in 2026 in the Indonesian Journal of Contemporary Multidisciplinary Research (MODERN). The findings matter as Muslim families worldwide face rising divorce rates, economic pressure, and changing gender roles that challenge traditional interpretations of Islamic family law.
The article explains how Maqasid al-Shariah—the ethical objectives of Islamic law—can guide fairer and more balanced relationships between husbands and wives. Instead of reinforcing domination or rigid gender hierarchies, Maqasid al-Shariah emphasizes shared responsibility, mutual respect, and human dignity. This approach, the authors argue, aligns Islamic teachings with contemporary realities without abandoning religious principles.
Family Tensions in a Changing World
The study responds to growing social tensions inside Muslim households. Economic shocks following the COVID-19 pandemic, mass layoffs, and rising living costs have shifted family dynamics. In many families, women now contribute equally—or more—to household income. At the same time, expectations rooted in patriarchal culture often remain unchanged, creating stress, conflict, and emotional strain.
The authors note that disputes over leadership, financial responsibility, childcare, and domestic work are increasingly common. Technology also plays a role. Constant smartphone use and social media exposure can reduce meaningful communication between spouses, weakening emotional bonds and affecting children’s well-being.
These pressures have sparked broader public debates about gender justice in Islam. Classical concepts such as qiwamah (husbandly leadership), nafaqah (financial support), and ta’ah (obedience) are often viewed as incompatible with modern demands for equality. The researchers argue that the problem lies not in Islamic teachings themselves, but in narrow interpretations that overlook their ethical objectives.
How the Study Was Conducted
The researchers used a qualitative library-based approach. They examined the Qur’an, classical and contemporary Islamic jurisprudence, academic literature on gender and family law, and Indonesian legal regulations related to marriage. Rather than relying on surveys or statistics, the study focused on interpreting texts alongside real social conditions faced by Muslim families today.
By combining theological analysis with sociological insights, the authors connected Islamic legal principles with lived experiences of husbands and wives in contemporary society.
Key Findings: Partnership at the Core of Marriage
The study finds that Maqasid al-Shariah consistently supports partnership rather than domination within marriage. According to the authors, Islamic marriage is designed to achieve sakinah (tranquility), mawaddah (love), and rahmah (compassion). These values cannot flourish in relationships marked by coercion or unequal burdens.
The research highlights several practical implications for modern Muslim households:
- Shared domestic responsibilities reduce emotional and physical strain, especially when both spouses work.
- Financial arrangements should be negotiated based on ability and circumstances, not fixed gender roles.
- Family leadership is collaborative, with the husband’s role understood as moral responsibility rather than absolute authority.
- Childcare is a joint obligation, reflecting the shared role of parents in nurturing future generations.
- Reproductive health and family planning should be decided together, respecting the wife’s physical and mental well-being.
- Open communication and transparency are essential to maintaining trust and harmony.
Rahman Alwi emphasizes that Maqasid al-Shariah protects five core values: religion, life, intellect, lineage, and property. “When these values are applied to marriage, they naturally support justice, balance, and mutual care,” he explains.
Gender Justice Without Leaving Islamic Ethics
The study stresses that gender justice in Islam does not mean erasing differences or rejecting religious norms. Instead, it means ensuring that rights and obligations do not harm one party or strip them of dignity. Classical Islamic law emerged in specific historical contexts, and its ethical spirit allows reinterpretation when social conditions change.
Siti Sahnia Mammenasa D.Y. notes that Islam places men and women as partners who support one another. “Qiwamah should be understood as responsibility, not domination,” she writes, adding that injustice contradicts the moral purpose of Islamic law.
The research also connects its findings to Indonesian marriage law, which recognizes the husband’s duty to provide and the wife’s role in managing the household, while allowing legal recourse if either party neglects their obligations. This legal framework, the authors argue, can work alongside Maqasid al-Shariah to protect family welfare.
Why This Research Matters
The implications extend beyond academic debate. For religious educators, the study offers a framework to teach Islamic family values in a way that resonates with younger generations. For policymakers and judges, it provides ethical grounding for family law decisions that reflect social realities. For families themselves, it presents a religiously grounded path toward healthier, more cooperative marriages.
By emphasizing deliberation (musyawarah), compassion, and shared responsibility, the study positions Islamic law as a living system capable of addressing modern challenges.
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