Reforming Islamic Family Law a Maqasid-Based Approach to Addressing Child Marriage in Muslim-Majority Nations

Abstract

Child marriage remains one of the most pressing social and legal challenges in many Muslim-majority nations despite ongoing legal reforms and international commitments to protect children's rights. Traditional interpretations of Islamic family law have often been employed to justify early marriage, although contemporary scholars increasingly argue that such practices contradict the higher objectives (maqāṣid al-sharīʿah) of Islamic law. This article examines how a maqāṣid-based approach can contribute to the reform of Islamic family law in addressing child marriage while remaining faithful to Islamic legal principles. Using a qualitative library research methodology, the study analyzes classical and contemporary literature on Islamic jurisprudence, legal reforms, and the objectives of Islamic law, with particular attention to the protection of life (ḥifẓ al-nafs), intellect (ḥifẓ al-ʿaql), lineage (ḥifẓ al-nasl), and human dignity. The findings demonstrate that a maqāṣid-oriented interpretation provides a strong normative foundation for establishing higher minimum marriage ages, strengthening legal safeguards, and promoting the welfare of children in accordance with both Islamic ethics and international human rights standards. Furthermore, legal reforms grounded in maqāṣid al-sharīʿah encourage a contextual understanding of Islamic law that responds effectively to contemporary social realities without undermining its religious legitimacy. The study concludes that integrating maqāṣid principles into Islamic family law reform offers a balanced framework capable of reducing child marriage while advancing justice, public welfare (maṣlaḥah), and sustainable family development across Muslim-majority societies.