Reinterpretation of Marital Covenant as a Family Resilience in the Maqasid Sharia Perspective

Abstract

This study examines the reinterpretation of the marital covenant, or mitsaqan ghalizan, as a system of family resilience through the perspective of the maqasid al-sharia in contemporary Muslim society. Marriage is not merely a formal legal contract but entails spiritual, moral, and social responsibilities within family life. These factors contribute to increased family resilience, well-being, and happiness. The values of the marital covenant can be reconceptualised to enhance the resilience of contemporary Muslim families. This study conducts a qualitative and interpretative textual analysis of Qur’anic verses and hadiths referring to the marital covenant, as well as the positions of classical fiqh and contemporary fatwas on the marital covenant. These sources are interpreted through the lens of maqasid al-sharia. The research findings reveal that the marital covenant is indeed designed as a sacred marriage contract; this design negates the values of spirituality, justice, well-being, collective responsibility, and happiness in life, both as individuals and as family members. Through the maqasid al-sharia approach, the marital covenant is intended to demonstrate the ability of family members to adapt, maintain harmony, resolve conflicts, and improve the quality of life. This research contributes to the debate on Islamic law whilst offering practical recommendations aimed at strengthening the resilience of Muslim families—making them adaptive, humanistic, and resilient within modern society.