Islam And The Sakinah Family: The Urgency of Realizing an Equitable Family Law

Abstract

This paper examines the urgency of realizing family law that is just and equal. Many practices in the domestic sphere tend to create gender injustice and tend to cause various forms of inequality. Indeed, the law in any country hates injustice and inequality. The problems in this study are how the meaning of the concepts of justice and equality in the realization of a sakinah family; and how the implications of this meaning for realizing a just and equitable family law. This article is a normative legal study by conducting a literature search related to legal materials in the form of legal texts related to the issue of equality and justice in Islamic family law. The meaning of the concept of fairness and equality in religious texts is actually interpreted proportionally, because husbands or wives can agree on the functions, roles and responsibilities of each openly. When a husband or wife meets the qualifications, both qualifications from the ability of wealth, knowledge/potential, skills, and responsibility for the family, it does not rule out the possibility that the one who meets these qualifications is more likely to become the commander in the family. Therefore, empirical and sociological perspectives that favor justice and equality need to be accommodated in the reading of verses on justice and equality in family law.