FROM PATRIARCHAL FIQH TO GENDER JUSTICE: DECONSTRUCTING AND RECONSTRUCTING CONTEMPORARY ISLAMIC FAMILY LAW FROM THE PERSPECTIVE OF ZIBA MIR-HOSSEINI

Abstract

Contemporary Islamic family law faces challenges as jurisprudence (fiqh) constructions formed within specific socio-historical contexts confront demands for gender justice and shifts in family relation dynamics. A number of provisions and legal practices still demonstrate hierarchical relational patterns, placing women in relatively unequal positions. This condition underscores the importance of strictly distinguishing between the normative values of Sharia and classical fiqh products, which are the results of human interpretation influenced by specific social and cultural contexts. This study aims to analyze Ziba Mir-Hosseini's thoughts on the relationship between Sharia, fiqh, gender, and family law, while examining its relevance to efforts to reconstruct contemporary Islamic family law based on gender justice. This study uses a qualitative method with a library research approach, utilizing primary data sources from Ziba Mir-Hosseini's thoughts and classical fiqh literature, while secondary data are obtained from journal articles, books, and relevant research addressing Islamic family law reform and gender justice issues. The analysis is conducted descriptively and analytically through identifying Mir-Hosseini's core ideas, critiquing patriarchal fiqh constructions, and contextualizing these thoughts with contemporary family law problems. The results of the study show that the distinction between Sharia as normative values and fiqh as an interpretative construction opens an epistemological space for a re-reading of family law. This perspective allows the principles of equality, justice, reciprocity, and human dignity to serve as the foundation for reconstructing family relations. Ziba Mir-Hosseini's thoughts hold significant relevance in driving the transformation of Islamic family law shifting from a hierarchical construction toward a paradigm that is more responsive to demands for gender justice, social dynamics, and family welfare.