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This is a Normative Juridical study.

A Maqasid Shariah Review of the Contra Legem Judge's Decision in the Application of Article 97 of the Compilation of Islamic Law

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Judges applied contra legem to achieve substantive justice in property distribution post-divorce.
Factual contributions led to notable deviations from the normative 50:50 division, with outcomes of 75:25 and 67:33.
Normative juridical analysis examined landmark decisions, highlighting insights into distributive justice principles.
Maqasid shariah offers theological support for the deviations, calling for reformulating Article 97 for better adaptability.

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Normative analysis reveals judges' decisions deviate from Article 97, suggesting a need for reform.

Yunita et al. (2025) studied this question.

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