RENEWAL OF ISLAMIC FAMILY LAW: Analysis of The Contribution of Qosim Amin's Thought

Qasim Amin's thoughts have influenced the Islamic family law reform movement in various countries. Although it has faced controversy and criticism, its contribution to positive changes in family law views and practices cannot be overlooked. He has provided the basis for contemporary thinking on how to harmonize Islamic teachings with the values of equality and justice in the context of family law. This study uses a library research approach by searching various sources of literature, especially the works of Qosim Amin, then analyzing them through content analysis methods. The results of this analysis form the basis for drawing conclusions which are then presented in a report. The purpose of this paper is to find out the description and contribution of Qosim Amin in influencing family law in Islam. The results of the study explain that, Qasim Amin's thoughts in reforming Islamic family law include his views on gender equality, wiser polygamy arrangements, and a more equitable distribution of inheritance which have formed the basis for debate and reform of family law that is more modern and in accordance with the values of equality. and justice in contemporary society.


INTRODUCTION
Islamic history has a journey that reflects changes in the treatment of women.
The treatment of women in Islam is influenced by religious teachings, preexisting social practices, and cultural and historical contexts (As-Sya'rawi, n.d.).The Early Age of Prophethood, when Islam was first promulgated by the Prophet Muhammad, there was an attempt to eliminate the practices that were detrimental to women that existed in the pre-Islamic era.Practices such as the burial of daughters alive and sexual slavery were prohibited.Islam teaches equality before God, but in social practice, women still have limitations.During the leadership of the Rashidun Khulafaur, Islamic teachings were further implemented in law and policy.
Despite cultural constraints, steps were taken to protect women's rights, such as the right to inheritance and the right to own property.During the Middle Ages, during the expansion of Islam into new areas, local cultural practices and traditions often had an impact on the treatment of women.In some places, the patriarchal interpretation of Islam leads to further restrictions on women's rights (Nurhuda, 2022).In daily life situations, until now traditional family law is still recognized as a guide, although some argue that traditional family law is no longer relevant to the times (Bahri, 2013).This situation has encouraged the emergence of efforts to reform the family law.One of the figures who played an important role in changing family law was Qosim Amin, who tried to realize efforts to liberate women.
Including in Indonesia, discussions about family law are also influenced by Qosim Amin's thoughts.In historical records, the issue of renewing family law has been an important topic since ancient times, before gaining independence.At the time of the Women's Congress in 1928, this issue arose as a result of the many incidents that befell women while in marriage (Rajafi, 2018).For example, there are marriages at too young ages, forced marriages, the 2) Then equality and justice: This theory emphasizes the importance of equality and justice between men and women in family law.This principle is applied in the context of marriage, women's rights, and inheritance distribution, so that all family members have equal rights and responsibilities (Quthny, 2016).
3) Furthermore, Ijma' and Qiyas: Apart from the Qur'an and hadith, this theory can also refer to ijma' (ulama consensus) and qiyas (analogy) as sources of law.By using this method, legal principles that are not explicitly stated in the sacred texts can be found by analogy with existing principles.This research can also be a reference for other researchers in developing similar research results.
fight for women's rights in accordance with Islamic teachings that prioritize justice and equality.The process of family law reform in Turkey has become an important point in the history of family law changes in the Islamic world, and its impact has greatly influenced the evolution of family law in other countries.The presence of Turkish communities in Europe, such as in France, Britain, the Netherlands and Germany, introduced the study of Islamic law and stimulated relations between Turkey and Muslim countries in Asia and Africa (Nasution, 2009).Not only in Turkey, Islamic countries that have experienced colonization by the West, especially in Europe, have brought Western lifestyle practice of polygamy, arbitrary divorces, and violations of women's rights.In 1937, , and non-Chinese Asians who live in Indonesian territory.One of the salient features of the ordinance was the enforcement of monogamy and granting equal rights regarding divorce to women and men.However, it is important to note that this ordinance only applies to those who choose to have their marriage legally registered.Islamic family law theory is a framework for understanding and viewing the legal principles governing family relations in Islam(Samad, 2021).This theory is based on the interpretation of religious texts, Islamic law (shari'a), and the socio-cultural context within the Muslim community.The aim is to formulate legal guidelines that are relevant and in accordance with Islamic teachings and the values of equality, justice and humanity.Some of the key elements in Islamic family law theory include (Tarantang & Tarantang, 2018): 1) Al-Qur'an and Hadith: This theory adheres to the teachings and principles contained in the Qur'an and hadith as the main sources of law in Islam.These sacred texts are interpreted to explore views on marriage, divorce, inheritance rights, family rights, and other related issues.

4)
Social and Cultural Context: This theory takes into account the social and cultural context in which family law is applied.This allows for adjustments in family law to changes in society and the times.Ijtihad: Islamic family law theory also considers ijtihad, namely the effort of critical thinking in developing laws that are in accordance with the needs of the times.Ijtihad enables the ulama to come up with new interpretations and legal solutions in situations that are not specifically regulated by religious texts.In the context of Islamic family law, this theory seeks to produce a legal framework that is just, inclusive and in accordance with Islamic values that promotes peace, love and mutual respect in family relationships.This theory has continued to evolve with changing times and social challenges, and has played an important role in establishing the legal basis that supports a balanced and harmonious family life in Muslim societies.In the context of Islamic family law, this theory is an approach that seeks to develop a legal framework that is just, inclusive and in line with Islamic values that promote peace, love and mutual respect in family relationships.Its main objective is to establish a legal foundation that supports the creation of a balanced and harmonious family life in Muslim societies.
Figures such as FatimaMernissi, Amina Wadud, and others are also actively involved in this movement, with the goal of achieving gender equality in the Islamic context.Overall, Qasim Amin's thoughts and contributions helped form the foundation for the movement for family law reform in Islam, by emphasizing the importance of gender equality, the elimination of injustice, and the protection of women's rights in a changing social context.