Family Conflict Resolution Through Maqasid Al-Shariah: Reconstructing Contemporary Islamic Family Law in Indonesia

Abstract

This study develops a normative framework for managing Muslim family conflicts in Indonesia by integrating maqasid al-shariʿah, family law, and family resilience to determine when reconciliation is appropriate and when protection and access to divorce should take priority. It employs normative legal research using statutory and conceptual approaches. The analysis examines legal provisions on marriage, religious courts, mediation, domestic violence, family development, and personal data protection, alongside classical maqasid texts and contemporary scholarship. Textual, systematic, and purposive interpretation distinguishes existing legal obligations from proposed institutional arrangements. The findings reveal three principal results. First, the five essential protections provide interconnected criteria for assessing threatened interests, while dignity operates across these protections. Second, reconciliation obligations must be interpreted alongside safeguards against violence and the legal possibility of resolving ancillary claims when reconciliation fails. Third, existing institutional mandates provide a basis for developing referral arrangements without establishing a parallel adjudicative body. The study concludes that effective family conflict management requires differentiated responses rather than treating reconciliation as a universal objective. Protection should take priority when violence or coercion compromises safe participation, whereas counseling or mediation may be appropriate when participation remains safe and meaningful. The academic contribution lies in developing a structured normative decision framework connecting Islamic legal objectives, Indonesian family law, and family resilience within a single analytical model. This framework supports institutional adaptation and empirical testing without presuming improved outcomes. Future evaluation should assess safety, rights fulfillment, child welfare, and access to justice alongside reconciliation.