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September 5, 2025Sakina Journal of Family StudiesOpen Access

Fulfillment of Wife's Rights after Divorce in the Perspective of Legal Justice Theory and Maqashid Shari’ah Cum-Mubadalah

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Authors

NUNur Ushmi UsthyawatiMMMuhaimin MuhaiminBSBangkit Budi Satriya

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Overview

Normative legal approach highlights gender equality and justice in contested divorce cases, indicating the need for reform.

Key Points

  • The fulfillment of a wife's rights in divorce aligns with maqashid shari’ah and promotes equity.
  • Findings suggest that traditional wife’s rights should apply to divorces initiated by the wife, emphasizing fairness.
  • A normative-legal approach reveals issues in existing divorce regulations and advocates for legal reform.
  • The study integrates maqashid shari’ah and legal justice theory, underscoring the need for empirical research to enhance legal policy.

Cite This Study

Usthyawati et al. (2025) studied this question.

synapsesocial.com/papers/68c23966b210217d6477c0cahttps://doi.org/10.18860/jfs.v9i3.15981
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Conceptualization of Jurimetry on the Determination of Women's Rights After Divorce2025
  2. 2The Principle of Reciprocity in Contemporary Court Decisions: Analysis of <i>Qirā'ah Mubādalah</i> in Divorce Decisions of the Surabaya Religious High Court2025
  3. 3USIM’s Legal Clinic and Divorce Casework: A Maqasid al-Shariah-Based Socio-Legal Study2025
  4. 4THE ROLE OF MAQASHID SYARIAH INTERPRETATION IN ADDRESSING THE LIMITATIONS OF TRADITIONAL ISLAMIC FAMILY LAW FOR ACHIEVING GENDER-RESPONSIVE AND CHILD-PROTECTIVE LEGAL REFORMS2025
  5. 5The Dialectic of Ishlah Principle: Contextualizing Reconciliation on the Dominant Factors of Divorce2025 · 3 citations