EKLEKTIK HUKUM ISLAM DALAM WILAYAH HUKUM KELUARGA

Abstract

Abstract:

Eclecticism in Islamic law is an approach that combines various legal views from different schools of thought (madhhab) or legal sources to reach the most suitable solution within a specific context. This article discusses the application of legal eclecticism within the scope of family law, including marriage, divorce, and inheritance. This is a theoretical study that examines primary and secondary literature, such as classical fiqh texts, modern academic books, and scientific journals relevant to the topic of family law and the eclectic approach in Islamic law. The results indicate that an eclectic approach in family law enables the flexibility and relevance of Islamic law in facing the increasingly complex dynamics of modern society. By synthesizing views from various madhhabs, this approach not only offers applicable solutions but also preserves the fundamental principles of Sharia while fulfilling the requirements of public welfare (kemaslahatan umat). This approach reflects the capacity of Islamic law to adapt to social, cultural, and technological changes without forfeiting its essence and identity as a revelation-based legal system.

Keywords: Eclecticism, Islamic Law, Family Law, Madhhab, Sharia