Abstract
The transformation of Islamic family law in the contemporary era demands a repositioning of maqāṣid al-nikāḥ to be more responsive to the protection of gender rights. Indonesia and Iran represent two different models of legal codification in translating the principle of substantive justice into marriage regulations. This study aims to dissect the dynamics of gender rights protection regarding polygamy, divorce, custody, and inheritance in Indonesia and Iran through the lens of Jasser Auda’s System Theory. This study is a qualitative research with a comparative-juridical approach. The analysis is conducted by comparing the normative texts of the Indonesian Compilation of Islamic Law (KHI) and the Iranian Civil Code (Qānūn-e Madanī), as well as functional data on their implementation in the courts. The results of the study indicate that Indonesia applies the “Judicial Formalism” model that prioritizes state intervention as a guarantor of women’s rights. In contrast, Iran applies the “Contractual Protection” model that relies on private autonomy in the marriage contract (‘aqd-nāmeh). Indonesia is more progressive in the flexibility of custody and joint property rights, while Iran is very strong in financial security through the mahrieh mechanism. This study concludes that the repositioning of maqāṣid al-nikāḥ from biological preservation to the protection of human dignity (karāmah al-insāniyyah) is highly dependent on the legal system’s openness to sociological realities and universal human rights standards.