Tatwir al-Syariah dan Rekonstruksi Hukum Keluarga Berkeadilan Gender: Membaca Gagasan Mahmoud Muhammed Thaha

Abstract

This study seeks to examine Mahmoud Muhammad Thaha’s ideas on Tatwir al-Shariah, as well as their relevance as a foundation for reconstructing gender-just family law. This research is a literature-based study that analyzes the concept of tatwir al-shariah in Thaha’s perspective; therefore, it belongs to the field of intellectual and figure-based studies. Through this methodological approach, the study concludes that Thaha’s progressive thought on tatwir al-shariah is built upon a methodological distinction between Makkiyah and Madaniyah verses, not merely as markers of the chronology of revelation. Rather, for Thaha, the Makkiyah and Madaniyah classifications serve as a point of departure for understanding the universal and particular dimensions of Islamic teachings. Regarding its relevance to the reconstruction of gender-just family law in Indonesia, Thaha’s thought provides at least three analytical frameworks: leadership within the household (qiwamah), the issue of polygamy, and the right of divorce (talak), which classical Islamic jurisprudence conceptualizes as the husband’s prerogative right. According to Thaha, these three issues should be reoriented toward the vision of the Makkiyah verses, which emphasize equality between men and women. In the Indonesian context, Thaha’s thought correlates with the critiques raised by feminist activists toward the Marriage Law, which is considered gender-biased.