Maqāṣid-Based Post-Divorce Protection: Gender Justice Reform in Indonesia, Morocco, and Tunisia

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Background: Divorce in contemporary Islamic family law involves not only marital dissolution but also challenges concerning women's economic security, recognition of marital contributions, and children's welfare. Existing studies often examine national reforms separately and provide limited explanation of how Islamic family law transforms formal rights into substantive justice. Objective: This study aims to analyze post-divorce family protection reforms in Indonesia, Morocco, and Tunisia and develop a maqāṣid-based framework for strengthening gender justice and sustainable family governance. Methods: Using a qualitative doctrinal and comparative legal approach, this research examines statutory regulations, judicial practices, and Islamic family law reforms in the three jurisdictions. The analysis applies gender justice and maqāṣid al-sharīʿah, particularly ḥifẓ al-māl, ḥifẓ al-‘ird, ḥifẓ al-nasl, and maṣlaḥah. Results: The findings identify three reform trajectories: Indonesia emphasizes judicial contextualization through joint marital property, post-divorce maintenance, mutʿah, and child support; Morocco advances legislative reform through the Mudawwanah al-Usrah; while Tunisia applies a stronger state-centered protection model. The study proposes the Maqāṣid-Based Post-Divorce Family Protection (MPFP) Model consisting of economic protection, recognition of marital contribution, child-centered protection, judicial accessibility, and sustainable family welfare. Conclusion: Gender justice and maqāṣid al-sharīʿah provide complementary foundations for transforming Islamic family law toward substantive post-divorce justice. Novelty: The MPFP Model offers a comparative governance framework integrating legal reform, social welfare, and institutional protection for women and children after divorce.