Sadz Dzariah Dan Fath Dzariah (Analisis Penerapanya Pada Materi Hukum Keluarga) & Maqhasid Syariah Ijma (Analisis Penerapanya Pada Materi Hukum Keluarga)

Abstract

This study aims to analyze the concepts of Sadd al-Dharī‘ah and Fath al-Dharī‘ah as well as Maqāṣid al-Sharī‘ah within the framework of ijmā‘ and their application in Islamic family law. Sadd al-Dharī‘ah represents a preventive approach in Islamic legislation that functions to block all means and possibilities leading to harm (mafsadah), whereas Fath al-Dharī‘ah constitutes a curative approach that opens pathways toward benefit (maṣlaḥah) when there are strong indications that such benefit can be achieved. Meanwhile, Maqāṣid al-Sharī‘ah, through scholarly consensus (ijmā‘), positions the objectives of Islamic law as the legal foundation for safeguarding religion, life, intellect, lineage, and property (al-ḍarūriyyāt al-khams), including within the domain of family life. The findings indicate that the application of Sadd al-Dharī‘ah in family law is reflected in efforts to prevent disputes and household breakdown through regulations on social boundaries, the obligation of financial maintenance, and the prohibition of actions that may potentially trigger familial conflict. Meanwhile, Fath al-Dharī‘ah plays a role in providing solutions for resolution and restoration when family conflicts have already occurred, such as the implementation of mediation, the regulation of child custody (ḥaḍānah), and the permissibility of divorce as a last resort in order to achieve greater overall benefit. The analysis further affirms that Maqāṣid al-Sharī‘ah based on ijmā‘ serves as both a philosophical and juridical foundation to ensure that every provision of family law operates in accordance with the principle of maṣlaḥah, whether through preventive or curative approaches. Thus, the integration of these three concepts demonstrates that Islamic family law is not solely oriented toward preserving the institution of marriage, but also toward protecting the rights and welfare of all family members through a balance between preventing harm and realizing benefit.