The Dialectics of CEDAW and Islamic Family Law: Reconstructing Gender Justice through Maqāṣid al-Syarī‘ah

Abstract

Debates over the relationship between international women’s rights instruments and Islamic family norms are often framed as irreconcilable. These tensions are particularly evident in marital authority, spousal rights and obligations, polygamy, divorce, economic entitlements, and the protection of women from violence. This study analyzes the convergences and tensions between the principle of eliminating discrimination against women and the construction of Islamic family jurisprudence, while formulating a reform framework grounded in Islamic normative sources. It employs normative legal research based on library research, using conceptual and comparative approaches. The sources comprise international instruments, Indonesian legislation, classical and contemporary fiqh literature, and reputable journal articles published between 2021 and 2026. The materials are examined through qualitative content analysis and critical-comparative analysis, focusing on non-discrimination, human dignity, reciprocity, public welfare, and the prevention of harm. The findings show that tensions between the two normative systems do not necessarily arise from conflicting values, but more often from differences in epistemology, interpretive methodology, and the application of norms within patriarchal social contexts. The two frameworks converge in protecting women’s dignity, preventing violence, guaranteeing economic rights, and expanding access to justice. This article proposes a reform model based on reciprocity in marital relations, protection of vulnerable parties, and substantive evaluation of legal consequences. The model positions maqāṣid al-syarī‘ah as a critical instrument for assessing fiqh doctrines and contemporary family policies.