REKONSTRUKSI KONSEP IDEAL DAN REALITAS EMPIRIS DALAM PRAKTIK HUKUM KELUARGA ISLAM DI INDONESIA: ANALISIS KESENJANGAN NORMATIF DAN IMPEMENTATIF

Abstract

Islamic Family Law is an integral part of Indonesian national legal system, strategically positioned in regulating the private relations of Muslims, particularly, inheritance, and child costody.  Normatively, Islamic family law is based on the principles of justice (‘adl), benefit (maslahah), protection of women’s and children’s rights and maintaining the resilience of the family as a social institution. However, in emperical practice, gaps are often found between the ideal concepts outlined in normative texts and the social realities of  society. This study aims to deeply analyze the forms of  these  gaps, their causes, and offer a conceptual reconsruction relavant to contemporary social dynamics. The approach used is a normative-empirical approach with an analysis of the theory of maqashid al-syariah, the theory of socio-legal change, and the theory of gender justice in Islamic law. This study is expectd to provide a scientific contribution to the development of Islamic Family Law studies that are more responsive to social realities without abonding sharia principles