The codification of Islamic marriage law is part of a political-legal process that reflects the interaction between religious texts, state authority, and the social dynamics of Muslim society. In general, codification is carried out to provide legal certainty and uniformity in the application of Islamic family law. However, approaches to the codification process vary widely, ranging from normative-textual approaches to socio-philosophical approaches oriented towards the maqasid al-shari'ah (objectives of Islamic law) and substantive justice. This study aims to analyse how legal politics operates in the codification process of Islamic marriage law, compare normative and socio-philosophical approaches in codification practice, and examine the extent to which the maqasid approach can strengthen the justice dimension of Islamic family law. This study uses qualitative methods with normative-juridical, conceptual, and comparative legal approaches. The primary data sources come from marriage law codification documents from several Muslim countries, such as the Compilation of Islamic Law (Indonesia), Mudawwanah al-Usrah (Morocco), and the Code du Statut Personnel (Tunisia). Secondary data was obtained from scholarly literature related to Islamic legal philosophy, legal politics, and the maqasid al-shari'ah (objectives of Islamic law). The research findings indicate that the normative approach to codification tends to maintain the continuity of classical fiqh but often ignores social realities and gender justice. Conversely, the socio-philosophical approach opens up space for a more responsive, contextual, and inclusive legal interpretation of the maqasid. Ideally, the codification of family law should integrate these two approaches to create a law that is just, dynamic, and relevant to the needs of contemporary Muslim society.
Karmawan et al. (Wed,) studied this question.