Gender Justice in Islamic Law: An Analysis of Women's Rights through the Maqāṣid al-Syarī'ah

Abstrak

Gender justice in Islamic law faces challenges when provisions concerning women are understood textually without considering the objectives of sharia, the social context, and the impact of their implementation. This study aims to analyze women's rights from the perspective of Maqāṣid al-Syarī'ah and formulate legal constructions that are responsive to contemporary gender issues. The research uses normative legal methods with a conceptual and legislative approach. Legal materials are analyzed qualitatively through descriptive-analytical methods, using the protection of life, mind, property, descendants, religion, human dignity, and the public interest as analytical parameters. The results show that gender justice is based on the principles of justice, equal dignity, protection of rights, and the public interest. Maqāṣid al-Syarī'ah can be used to distinguish sharia norms from fiqh interpretations and social practices and to evaluate the impact of a legal construction on women. This study offers a Maqā modelṣid-Based Gender Justice which consists of five stages, namely Textual Foundation, Contextual Analysis, Maqāṣid Assessment, Gender Justice Test, and Maṣlaḥah-Oriented Legal Construction. This model integrates text, context, the objectives of sharia, gender justice, and public welfare to establish Islamic law that is responsive to women's rights and dignity.