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SCIENTIFIC AND THEORETICAL FOUNDATIONS OF THE REGULATION OF
FAMILY ISSUES IN MODERN ISLAMIC SOCIETY
Qambarov A’zam Muxammadali o‘g‘li
International Islamic studies academy of Uzbekistan
Senior teacher of social sciences and law chair
https://doi.org/10.5281/zenodo.15706075
Abstract
This study explores the scientific and theoretical underpinnings of family regulation in
modern Islamic societies, highlighting the complex interplay between religious doctrine,
sociocultural norms, and contemporary global influences. Grounded in Islamic jurisprudence
(fiqh), the regulation of family matters—marriage, divorce, inheritance, child custody—is
deeply intertwined with both classical legal traditions and emerging interpretations in light of
evolving societal demands.
The research emphasizes the importance of understanding family dynamics through
interdisciplinary frameworks, including sociology, psychology, anthropology, and civilizational
theory. It reveals how concepts such as kinship, gender roles, and parental authority have been
reinterpreted within Islamic contexts in response to modernization, globalization, and
increased advocacy for human rights and gender equality. Case studies from Egypt, Tunisia,
Indonesia, and Azerbaijan illustrate how traditional Sharia-based norms coexist with or adapt
to local customs, state policies, and secular laws.
Furthermore, the paper underscores the influence of feminist theories and comparative
international practices in reshaping discourses on equity, responsibility, and social justice in
Islamic family law. It discusses the dual authority of religious scholars (ulama) and modern
legal institutions, stressing the necessity of legal pluralism and interpretive dynamism in
addressing contemporary family challenges.
By synthesizing classical Islamic sources with contemporary legal and ethical
considerations, the study advocates for a balanced, context-sensitive approach to family
regulation that preserves Islamic principles while embracing constructive reform. This
comprehensive analysis contributes to the broader discourse on family, faith, and societal
development in the modern Muslim world.
Key Words:
Islamic family law,
legal pluralism, sharia and modernity, gender and family
ethics, civilizational theory, socio-legal reform in islam.
Introduction
In modern discussions, a deep understanding of family regulations within Islamic
communities needs a careful look at the core scientific and theoretical ideas behind it. This
exploration not only looks back at history but also deals with different cultural, intellectual, and
religious aspects that shape how families work. As (Abdullah Şahin, p. 335-335) points out, the
rise of Islamic Education Studies shows the important link between old Islamic traditions and
current education methods, which affects family structures and beliefs. Also, the regulation of
family matters has to deal with changing ideas of transparency and observation in governance,
which are key in management studies, as (Bernstein E, p. 217-266) suggests. By bringing these
areas together, we can start to explore how different fields of study can help us understand the
problems in family regulation in Muslim societies, encouraging a conversation that connects
tradition and modern times.
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Family matters, within Islamic societies, tend to be shaped by a combination of faith,
tradition, and community standards, setting unique expectations for everyone in the family.
Kinship is really important here; it goes beyond just immediate family, creating a wider web of
relatives and strengthening communal bonds along with shared responsibilities. Things like
marriage, divorce, child custody, and who gets what when someone passes away are usually
handled under Sharia law, which tries to balance individual rights and keep families getting
along. As highlighted previously, changes in society and politics, particularly in places such as
Egypt, have pushed charitable organizations to deal with these family problems, marking a
move toward efforts that really focus on justice and supporting families who are struggling
(Hafid MS). It’s also worth pointing out that the mix of informal giving and support from larger
organizations shows just how pressing and fluid the needs of families can be, meaning we need
to keep adapting to meet current societal demands (Eldin AS et al.).
In today's world, regulation is really important. It's like the structure we use to build a fair
and orderly society, and this is especially true when it comes to family matters in Islamic
communities. You see, when we base our regulations on Islamic teachings, we're really
emphasizing fairness and doing what's right, whether it's in business deals or family
connections. As (Zaman et al.) points out, Islamic law, or Shari’ah, doesn't just say how you can
get rich; it also tells you how to use your money to help yourself and everyone else. This way of
thinking encourages people to work together instead of just competing, and it reminds us that
helping the community is a key part of being involved in the economy. Plus, if you look at
countries like Egypt and Tunisia, you'll notice that charity and social support are changing. This
shows they're trying to keep up with what society needs, which (Eldin AS et al.) says is super
important for institutions to adapt and succeed. So, in the end, regulation in modern Islamic
society is like a basic building block for making sure everyone is treated fairly and gets along.
Comprehending family regulation in today's Islamic world relies heavily on both
theoretical frameworks and scientific exploration. These underpinnings serve to illuminate the
complicated nature of family structures and how they change in response to cultural, social, and
political forces. Take, for example, the civilizational perspective; it provides a diverse way to
examine regional forces, pinpointing how past events mold current family problems (S Sardak
et al.). The interaction between traditional values and modernity also makes family regulation
more complex; as societies pursue equilibrium amid growing demands for change. As shown
by philanthropic progress in areas such as Libya, Tunisia, and Egypt, family organizations must
also adjust to societal changes by fulfilling evolving needs and expectations (Eldin AS et al.).
Ultimately, a detailed grasp of these theoretical and scientific elements is essential when
handling family regulation successfully in modern Islamic situations.
This essay seeks to delve into the scientific and theoretical underpinnings that inform
family regulation in today's Islamic societies. By exploring different normative frameworks and
what they entail, the goal here is to shed light on how these foundations both mold family
dynamics and adapt to the changing sociocultural environment. It’s crucial to acknowledge that
family regulation isn't a one-size-fits-all deal in an Islamic context; it tends to mirror a range of
interpretations and practices shaped by religion, culture, and legal considerations.
Furthermore, our analysis will touch upon how various principles intersect when guiding
family regulation, particularly ethical considerations and individual rights, which promotes a
more nuanced view of family life. Ultimately, this investigation stresses the need to align
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theoretical ideas with practical realities in a way that addresses the complexities of present-
day Islamic society (Banerjee SB, p. 1074-1087)(Gabriel I, p. 411-437).
Family regulation in Islamic societies boasts a long history, intricately connected to
religious teachings and social norms that have changed over time. A cornerstone of this history
is Islamic jurisprudence, which sets out key rules about marriage, inheritance, and family
duties. As Islamic societies grew, these rules were adapted to different cultures and
governments, which led to diverse practices and understandings. For example, the idea of
family has been molded by both inherited Islamic beliefs and outside influences, sometimes
causing conflict between old traditions and modern, non-religious ideas. This back-and-forth is
important because it shows ongoing discussions in Islamic education and family law that
question current power structures in societies (Abdullah Şahin, p. 335-335). Moreover, the
contrast between Islamic and Western ways of teaching often points out the difficulties of
dealing with family rules today, stressing the need for a changing method that encourages
thoughtful conversation (Bernstein E, p. 217-266).
Looking at the development of family laws in Islamic history, you see a fascinating mix of
religious texts, what society considers normal, and how different regions handle laws. At first,
these laws, based on the Quran and Hadith, tackled things like marriage, divorce, and who gets
what when someone dies, always trying to be fair and keep gender roles in mind. But as time
went on, how people understood these laws changed a lot depending on where they were and
what was happening in their society, which led to different legal schools within Islam. When
modern ideas started to challenge old ways, changes were made to bring Islamic ideas more in
line with today’s views on human rights and treating everyone equally, especially because of
globalization and more people asking for social justice. This change has been really important
in shaping the rules for family issues in Islamic societies today, mixing old beliefs with modern
ideas about human progress and what society wants, showing how laws change as civilization
moves forward (S Sardak et al.)(Vizard P).
Within modern Islamic societies, cultural practices play a vital role in shaping how
families are regulated. This influence extends to family structures, the roles people assume
within them, and even how families are governed. To illustrate, Azerbaijan's approach to
multiculturalism highlights the connection between cultural identity and family dynamics. As
(Yegana A Aliyeva) points out, conversations surrounding international and civic identities
encourage tolerance and open communication between cultures. This, in turn, supports strong
family bonds while accommodating various social norms. Furthermore, incorporating cultural
values into the legal framework deepens our understanding of family roles, looking beyond
mere economic interactions. (Vadim A Maksimov) offers an anthropological view, enriching our
understanding of familial relations. As cultures evolve due to globalization and modern
influences, family regulations also adapt, balancing traditional practices with current societal
demands. This means families must be adaptable, ensuring their rules align with broader
cultural stories while also protecting individual cultural identities in an ever-changing world.
Islamic history is rich with figures who shaped family law, influencing today's Islamic
societies. Ibn Abbas, for instance, interpreted the Quran, offering key insights on marriage and
family. He championed women's rights and fairness in families. Contemporary regulations, like
the Regulation of the Minister of Religious Affairs Number 19 of 2018 (PMA 19/2018), show
how historical ideas adapt to modern life. This regulation uses fiqhiyyah rules—taghayyur al-
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fatwā and al-muḥāfaẓah—to reconcile Islamic values with current societal needs, making
marriage agreements more inclusive (Ulfazah Y et al.). It's also important to remember that
figures such as Bopai Khanim and Domalak Ana influenced how society and elevate women's
roles, which promotes a more inclusive and just approach to family law (L Toktarbekova et al.).
When we think about how family matters are handled in Islamic societies today, it's really
important to look at how other cultures deal with similar issues. Take, for example, countries
like Brazil, Russia, India, and China—the BRIC nations. These places show us how cultural
norms, social trends, and even political agendas can really change how families work and what's
expected of them. As Joan Spero pointed out in her report, the rules and expectations around
family in these countries are a mix of old customs and new problems (Joan E Spero). And let's
not forget religion. Seeing as about 80% of people around the world identify with a religion,
that faith has a big impact on how families are structured and the roles that men and women
play within them. This mix of faith and family rules creates a wide range of practices that, while
unique, also show that we all share some basic worries about keeping society together and
knowing what's right and wrong (Ammerman et al.). Comparing all these different approaches
can really help us understand just how complicated family rules are across different situations.
Generally speaking, when we examine family issues in modern Islamic society, the
theoretical frameworks at play are often connected to the ethical and socio-economic factors
shaped by historical and current realities. A key idea here is balance; the Islamic approach tends
to steer clear of capitalist and socialist excesses. Because of this, regulating family life involves
an emphasis on fairly distributing wealth—helping to curb poverty and promoting social
welfare through systems like Zakah. This tackles financial inequalities and builds a shared sense
of communal responsibility, which bolsters how well society functions together. Moreover,
ideas about human rights and development are echoed in family structures that champion
dignity and equality. As a result, these theoretical frameworks guide essential regulations
aimed at fostering resilient family units, all while addressing larger societal problems,
ultimately contributing to a society that aligns with Islamic principles (Bello A et al.)(Vizard P).
Islamic jurisprudence's tenets significantly mold family law in today's Islamic
communities, offering a bond between moral thoughts and legal forms. This connection holds
weight in places like Egypt, where the development of family law mirrors arguments about the
nation's lawful character and cultural standards. As pointed out in talks on the Egyptian
constitution, important legal rules not only affect individual freedoms but also show the deeper
ties between the government and its people, shaping how they interact socially (Abu-Odeh et
al.). The fight to decide what Egyptian law should be—whether it should be based on Islamic
ideas or follow a non-religious European style—shows how hard it is to change family law. This
stress captures the current back-and-forth about identity in the modern legal world, as
supporters aim to blend old customs with new legal rules (Abu-Odeh et al.).
Sharia's role in family law is, generally speaking, quite important. It helps shape how
modern Islamic societies are structured. It acts as a key guide for things like marriage,
inheritance, and who gets to take care of children. Sharia doesn't just highlight how crucial
family is as a basic social unit; it also carefully lays out what each family member can expect,
what their duties are, making sure things are fair within the family context. In places like
Indonesia, you see Sharia alongside the country's own laws. This is a good example of a kind of
legal mix that impacts family life and what laws people prefer (Nurhayati et al.). And in Saudi
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Arabia, Sharia is integrated with more modern legal practices. This has been key to setting up
a financial system that respects Islamic ideas while still allowing for economic growth
(ALHAMED et al.). This back-and-forth between traditional Islamic beliefs and modern legal
systems really shows how complex and adaptable Sharia is when it comes to regulating family
issues. There are many complexities involved.
Modern takes on old texts? Big deal for how Islamic families are run today. You see,
scholars and regular folks are mixing Islamic and Western ideas about school. This makes for
some interesting chats about how to use these traditions in families now. It's kinda messy,
though, because there's a fight brewing between what Islamic teachings say and those secular
ideas you find in modern government. This clash could either make things better or worse,
especially when you talk about who gets what rights in marriage or who takes care of the kids.
Plus, there's this big push for changing how we teach things. If we really get Islamic ideas, we
can think hard about how they mesh with today's family rules (Abdullah Şahin, p. 335-335). It's
super important to be clear and bring everything together in schools. We need a new way to
look at things that matches old-school values with what society needs now (Bernstein E, p. 217-
266). Generally speaking, you could say it's a balancing act.
Feminist theories have really made their mark on family regulation, especially in modern
Islamic societies where old-school norms often call the shots in family setups. By bringing in
feminist viewpoints, academics and policymakers can take a hard look at the norms around
gender roles and family duties, which helps create a fairer and more just situation. This move
questions the patriarchal systems that are often in charge of family matters, pushing for a
rethink of policies about marriage, divorce, and who gets the kids. Plus, diving into feminist
ideas helps us get a better handle on family dynamics, tackling the effects of socio-economic
stuff on family life. These kinds of methods can bring about progressive changes in laws that
boost womens rights and empowerment, adding to a wider chat about social justice. For
example, getting fertility transitions as noted in (Bongaarts J et al.) can show how policy and
gender dynamics overlap, stressing the need for family regulation that includes everyone.
Moreover, digging into the politics of knowledge through frameworks talked about in
(Paternotte D et al., p. 556-578) highlights how crucial serious academic study is in shaping
these changes.
Looking at family workings through a science lens means checking out the cultural,
money, and civilization stuff, 'specially when we're talking about today's Islamic communities.
Turns out, family setups are tricky because of things like what's normal in society, how the
economy's doing, and the rules that are in place; all this shapes how folks act in families and
what they're supposed to do. Studies show that where you're from and what your civilization's
like really messes with family dynamics, showing off different society ideas and what people
expect (S Sardak et al.). Seeing how things are changing politically and socially in Islamic places,
like Egypt and Tunisia, family systems and the rules around them are also changing. This means
we gotta get a good handle on not just the official stuff but also the chill relationships in families,
pushing people to deal with family problems in ways that make sense for what communities
really need and expect (Eldin AS et al.).
In today's Islamic society, it's quite important to understand the psychological side of
family relationships; family interactions often reflect both cultural and religious beliefs.
Families are key in helping people learn how to socialize, which affects their emotional state
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and sense of self. How families communicate can either build strength or cause disagreements,
making it important to watch these interactions for better family well-being. Research suggests
that as family roles change, especially with modernization and globalization, old customs might
conflict with new expectations, putting a strain on family ties (Brinkhaus B et al.). Furthermore,
power struggles within families can have a big impact on psychological health, affecting how
people deal with authority and provide care (Bernstein E, p. 217-266). So, when it comes to
creating rules and guidelines for families in Islamic settings, it's vital to thoroughly grasp these
psychological elements. Generally speaking, this understanding is important for addressing
family-related issues effectively.
When we look at sociological research concerning family setups in today's Islamic world,
we need to see how religious beliefs and family habits affect each other. Studies today show
that about 80% of people worldwide connect with a religion, which shows how important
religion is in shaping social setups, like family life (Ammerman et al.). Thinking about Islam, the
rules around family matters make sense when we consider community and law. Here, the ideas
that guide family connections are strongly part of both the official laws and what people do in
their culture (Yaylali et al.). Because of this mix, family setups are shaped both by Islamic ideas
and the social setting where families live. Because of this, when we study family setups in
sociology, it really helps us get a better idea of the small details and difficulties of how families
are run in today's Islamic societies.
Family stability, especially in today's Islamic societies, is significantly shaped by economic
factors. How secure a family feels often hinges on the availability of financial resources to cover
necessities. Economic struggles can amplify stress within families, potentially leading to
disagreements and strained relationships. Moreover, unequal distribution of economic power
can widen gaps within families, impacting both marital happiness and how parents raise their
children. As discussed in broader conversations about religion and societal advancement, the
relationship between economic realities and family life has a profound effect on individual lives
(Ammerman et al.). Furthermore, considering the civilizational implications of economic
elements provides a richer understanding of how local conditions affect family stability; regions
with well-defined economic strategies tend to preserve family unity more effectively (S Sardak
et al.). Therefore, tackling economic issues becomes vital in supporting strong family structures
within modern Islamic contexts.
In modern Islamic society, education's impact on family dynamics is truly significant. It’s
a key way people pick up the skills, values, and, knowledge that end up shaping how families
work. Take women getting more education, for example. In most cases, their traditional roles
at home change a lot. They tend to get more involved in making decisions and add more to the
household income. This not only changes individual families but also helps society as a whole
by boosting gender equality and making communities better. Furthermore, since religious
beliefs often guide family structures, incorporating educational improvements that fit with
these beliefs can really help improve family relationships and norms. As a result, supporting
education as a way of developing family roles is in line with bigger goals of keeping Islamic
societies stable and moving forward (Ammerman et al.)(Eldin AS et al.).
Conclusion
To summarize, the way modern Islamic societies handle family matters comes from a mix
of research and ideas that take into account the different cultural backgrounds of Muslim
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communities. Knowing how religious beliefs affect family setups shows us something important
about how society sticks together, especially when dealing with globalization and new ways of
life. As some researchers have pointed out, a country's cultural connections really change its
social makeup and the rules it makes, which in turn affects how families are regulated (S Sardak
et al.). Plus, since religion plays such a big part in daily routines, it becomes a key building block
for social improvement, particularly when it comes to family, gender, and other social issues
(Ammerman et al.). So, it's super important to have a well-rounded plan that puts together
these research findings and theoretical angles. This helps us create family policies that get the
unique cultural and religious situations in Islamic societies, which ultimately helps things run
smoothly and keeps everyone moving forward.
When exploring the underpinnings of family regulation through a scientific and
theoretical lens within modern Islamic society, we uncover several key insights. These insights
really shed light on the intricacies of educational and socio-cultural influences. It becomes clear
from research that a certain ambiguity in how we think about Islamic education can make it
harder to fully grasp how family regulation is shaped by both long-held beliefs and new
perspectives. Often, current discussions don't clearly separate areas like "Islamic Education"
and "Islamic Studies." This blending can lead to confusions that impact both policymaking and
how professionals do their jobs (Abdullah Şahin, p. 335-335). Moreover, there's a growing need
for a new way of teaching, as current methods sometimes seem to reinforce existing power
structures, rather than encouraging a deeper level of thought and discussion (Abdullah Şahin,
p. 335-335). Finally, combining what we value in Islamic and Western education seems to call
for a more conversational style, where exchanging ideas can play a role in helping family
regulation and moving society forward within Islamic settings.
Looking ahead, how family life is governed in Islamic societies hinges on a continuous
back-and-forth between religious ideas and how society is changing. Given that a large part of
the world's population identifies with a religion, its impact on families is big and varied,
touching on things like gender roles, family responsibilities, and the legal side of marriage and
divorce (Ammerman et al.). Trying to blend Islamic values with modern legal systems brings
up questions about keeping traditional practices relevant while sticking to religious principles.
Moreover, the West's history of pushing religion aside in politics means Islamic societies need
to build their own ways of regulating family life that fit their culture and religion (Zaman et al.).
So, any future family regulations need to tread carefully, making sure they help society while
staying true to Islamic teachings, to strike a balance between old and new in family life.
Generally speaking, this balance is going to be key.
To truly grasp the subtle nuances of family matters in today's Islamic world, blending
scientific findings with theoretical frameworks becomes essential. Scholars can shed light on
the intricate dance of legal pluralism and its impact on families when they weave together
established theories and real-world data. This blending of ideas opens up avenues to explore
the interplay of different legal systems, enriching debates about how families are governed.
When we look at legal pluralism, for example, we gain a wider perspective to evaluate how
religious beliefs affect family life, linking these practices to important social concerns like equal
rights for women and overall well-being within the home. As highlighted in recent studies,
recognizing religion's far-reaching influence on family life is crucial; we must include these
insights when creating policies designed to advance society (Ammerman et al.). So, for anyone
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trying to solve the complex puzzles surrounding family issues today, a multidisciplinary
strategy—one that treasures both scientific and theoretical viewpoints—is vital (Twining et
al.).
The conversation surrounding family regulation in today's Islamic societies is constantly
shifting, highlighting the pressing need for more research and open discussions. Current
academic work frequently tackles how religious convictions and societal standards intersect,
particularly how they shape family organization and interactions. Considering that a large
portion of the world’s population identifies with some form of religion, and this affiliation is on
the rise (Ammerman et al.), understanding the implications of religious identity on family life
is crucial. Further, it’s important to examine the connection between these religious beliefs and
fundamental human development and rights. Such examination is vital for designing fair
policies that cater to the different needs of communities (Vizard P). This dialogue will foster a
deeper and more balanced view of family regulation, which, in turn, will support social
advancement and individual welfare in these specific settings.
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