MODERNISASI HUKUM KELUARGA ISLAM DI TUNISIA: KAJIAN ATAS LEGALITAS PERKAWINAN LINTAS AGAMA

Abstract

The modernization of Islamic family law in Tunisia represents a significant phenomenon in contemporary Islamic legal discourse. Tunisia, as the first Muslim-majority country to officially abolish the prohibition on Muslim women marrying non-Muslim men, stands as an example of progressive and courageous legal reform. This article aims to examine the juridical, historical, and sociological foundations of this policy through a qualitative descriptive-analytical approach based on document and literature review. The study's findings reveal that the modernization of family law in Tunisia is rooted in the tradition of contextual ijtihad developed since the enactment of the Code of Personal Status (CPS) in 1956. This legal reform is grounded in the principles of gender equality, freedom of religion, and maqasid al-sharia, which prioritizes public welfare as its main orientation. The revocation of Circular No. 216 of 1973 in 2017 marked the pinnacle of the evolution of family law, emphasizing substantive justice in socio-religious relations. Although this policy faced resistance from conservative groups, Tunisia successfully reconciled Islamic values with universal human rights principles. This study recommends strengthening the maqasid approach in Islamic law reforms across the Muslim world to ensure that Islamic law remains dynamic and contextually relevant.