Comparative Analysis of Family Law in Islam and International Law Using the Theories of Emile Durkheim and Imam Muhammad Ghazali

Abstract

This article provides a comparative analysis of family law in Islam and international law using the theories of Emile Durkheim and Imam Muhammad Ghazali. The objective of this research is to examine the strengths and weaknesses of these two legal systems and propose solutions for improving family law. The various sections of the article review the theoretical foundations and concepts of family law in Islam and international law, offering a comprehensive comparison of the rights of spouses, children, and parents in these systems. The theories of Durkheim and Ghazali are used as the theoretical framework for this study, and a comparative analysis of family law is conducted based on these theories. The findings indicate that both legal systems emphasize the importance of the family and its role in maintaining social cohesion, yet they adopt different approaches in regulating the rights and duties of family members. Additionally, recommendations for enhancing family law and suggestions for future research are provided. This research can serve as a reference for legislators, academics, and social activists aiming to improve family law.