The Problematic of Marriage and Divorce in Islamic Law: Normative and Sociological Analysis

Abstract

This study examines the issues of marriage and divorce in Islamic law through the integration of normative and sociological approaches. The main problem lies in the gap between the ideal concepts in fiqh and the practical realities in society, which are influenced by social, economic, cultural, and psychological factors. This study aims to analyze the normative concepts of marriage and divorce, identify emerging sociological realities, and formulate an integrative model that provides a more comprehensive understanding. The method used is qualitative research with a literature-based approach, examining Islamic legal sources such as the Qur'an, hadiths, and classical and contemporary fiqh literature, accompanied by an analysis of relevant social data. The research results indicate that the normative approach provides a strong legal foundation, while the sociological approach reveals the empirical dynamics that influence marriage and divorce practices. The integration of both through the maqashid al-shariah framework results in a more adaptive, contextual, and welfare-oriented understanding. The implications of this study highlight the importance of an interdisciplinary approach as well as the role of legal and educational institutions in responding to the challenges of modern families, ensuring that Islamic law remains relevant and solution-oriented amid dynamic social changes.