EQUALITIES AND FAIRNESS IN MUSLIM FAMILY LAW

Abstract

The discussion about justice and equality in Islamic family law is an interesting topic to be raised because there exists a discrepancy between the explicit principles of Islam that outline the rights and responsibilities of family members and the practices in society that sometimes result in unfair treatment, especially towards women. This factor is triggered by interpretations that are less inclusive of religious texts (the Qur'an and hadith), which tend to be influenced by history, cultural norms, and patriarchal traditions embraced within the community. This condition leads to the emergence of inherited perspectives and behaviors that uphold the notion that men hold a superior position compared to women. Therefore, it is crucial for Islamic family law to ensure justice and equality as integral components in order to achieve harmony and tranquility within the family sphere. Without this, the risk of discrimination and neglect will persist, particularly towards women and children