Islamic Family Law Reform and Women's Access to Justice in Religious Courts

Abstract

Islamic family law reform has become a significant legal development in many Muslim-majority countries in response to changing social conditions and increasing demands for gender justice. This study examines how Islamic family law reform influences women's access to justice in Religious Courts through a comparative legal perspective. The research employed a qualitative design using doctrinal, socio-legal, and comparative legal approaches. Data were collected through systematic library research involving statutory regulations, judicial policies, and scholarly publications concerning Islamic family law reform, Religious Courts, women's rights, and gender-responsive adjudication. The findings reveal that Islamic family law reform has evolved from legislative amendment toward a more comprehensive institutional transformation integrating judicial innovation, gender-sensitive interpretation, and improved court accessibility. Comparative analysis indicates that countries combining statutory reform with institutional strengthening achieve more effective protection of women's legal rights than those relying solely on legislative changes. Judicial interpretation, ijtihād, and the application of maqāṣid al-sharīʿah further contribute to expanding women's access to legal remedies while maintaining the normative foundations of Islamic law. Nevertheless, structural barriers, including patriarchal social norms, limited legal literacy, economic inequality, and institutional disparities, continue to constrain effective access to justice. The study concludes that sustainable Islamic family law reform requires an integrated framework combining legislative modernization, institutional capacity building, judicial professionalism, and gender-responsive legal interpretation to establish more inclusive, equitable, and accessible Religious Court systems for Muslim women.