Progressive Fiqh Approach as A Solution to Domestic Violence Problems

The article entitled "Building Civilized Family Relations: Towards A New Discourse of Family of Fiqh in The Millennial Era" by Yusdani highlights the need to transform the family fiqh paradigm from a rigid textual approach to a more contextual and humanist approach. This approach aims to create family relationships based on the values of justice, equality and humanity. According to Yusdani, traditional fiqh often fails to respond to the needs of contemporary Muslim families because it is too bound to literal interpretations of classical texts. This has the potential to perpetuate injustice, including in cases of domestic violence, where patriarchal norms are often used to justify violent behavior.

In line with the data from the first article entitled "Domestic Violence and Shari'ah" which explains that inequality of roles in the family often makes it difficult for women to escape the shackles of domestic violence. Women are often trapped in a position of powerlessness both in terms of strength, or financially, so they cannot escape from marriage. Moreover, the rules regarding the process of divorce by women are often not in favor of women either in Indonesia or in some other countries as mentioned in the first article.

The progressive fiqh approach proposed by the second article offers a solution by integrating universal Islamic principles-such as justice and equality-into the context of modern family life. One important aspect that is emphasized is progressive values-based premarital education, which aims to build couples' awareness of the importance of respectful and violence-free relationships. In addition, the article also underlines the importance of Maqid al-Sharah-based contextual ijtihad (the purpose of Islamic law), which focuses on public benefits such as social justice and family welfare. This approach allows for the reinterpretation of Islamic law to make it more relevant to the challenges of the times, including in domestic violence prevention efforts.

The article "Domestic Violence and Shari'ah" emphasizes that the state should pay more attention to regulations related to domestic violence and divorce suits by women, which are still often unequal and tend to disadvantage women in marriage. Because often the state fails to assume its responsibilities as a state in the context of failing to provide protection to women from violence in their homes. Unconsciously held patriarchal values often regard violence against women not as violence but as a legitimate means of "social control", so that the harm suffered by women is not only not punished but also not recognized as harm. This is where the role of the state is important to be able to protect and guarantee the rights of its citizens by providing strict and fair rules regarding domestic violence.

The solutions offered based on the research in the article "Building Civilized Family Relations" make a significant contribution to the discourse on Islamic family law reform in the millennial era. The progressive fiqh approach offered is not only relevant to answer contemporary challenges such as domestic violence, but also paves the way for the creation of more just and harmonious family relationships. In my opinion, this idea needs to be supported by public policies and educational programs based on progressive values in order to be widely implemented.