REKONSTRUKSI KESETARAAN GENDER DALAM HUKUM KELUARGA ISLAM: ANALISIS TAFSIR QS. AN-NISĀ’ [4]:1, QS. AL-AḤZĀB [33]:35, QS. AR-RŪM [30]:21, DAN QS. AN-NISĀ’ [4]:34 DALAM PERSPEKTIF MAQĀṢID AL-SYARĪ‘AH KONTEMPORER

Abstract

The issue of gender equality in Islamic family law is a continuously evolving theme within contemporary Islamic legal discourse. Various criticisms directed at Islamic family law often stem from the assumption that certain classical jurisprudence (fiqh) rulings place women in a subordinate position relative to men. Conversely, many contemporary Muslim scholars argue that such inequalities result from patriarchal interpretations of religious texts rather than the core substance of Islamic teachings. This study aims to analyze the concept of gender equality in the Qur'an by examining Surah An-Nisā’ [4]:1, Surah Al-Aḥzāb [33]:35, Surah Ar-Rūm [30]:21, and Surah An-Nisā’ [4]:34, as well as to explore its implications for contemporary Islamic family law reform. Utilizing a qualitative methodology with a library research approach, the analysis is conducted through thematic exegesis (tafsīr maudhū‘ī), contextual hermeneutics, the theory of maqāṣid al-sharī‘ah, and the reciprocal (mubādalah) approach. The findings demonstrate that the Qur'an affirms ontological, spiritual, and social equality between men and women. The concept of qawwāmah in Surah An-Nisā’ [4]:34 does not denote male superiority, but rather represents a moral and social responsibility to safeguard family welfare. This study proposes a reconstruction of Islamic family law that redefines the spousal relationship as an equal partnership grounded in principles of justice, public interest (maṣlaḥah), and human dignity. These findings are expected to contribute to the development of an Islamic family law framework that is more responsive to contemporary social dynamics while upholding foundational Islamic values.