ANALISIS PATRIARKI DALAM SISTEM HUKUM MODERN: PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF

Abstract

This study examines how patriarchal values continue to shape modern legal systems through a comparative analysis of Islamic law and positive law. Patriarchy, understood as a cultural and structural system, influences the formulation, interpretation, and implementation of legal norms, often resulting in gender-biased legal outcomes. This research aims to identify the mechanisms through which patriarchal constructs operate within both legal systems and to analyze legal principles that either reinforce or challenge gender inequality. Employing a qualitative normative research method with a comparative approach, this study analyzes primary legal sources, statutory regulations, court decisions, and scholarly interpretations from both Islamic and positive legal traditions. The findings indicate that patriarchal tendencies remain evident, particularly in family law, criminal law, and institutional decision-making processes. Nevertheless, Islamic law, when interpreted through the framework of maq??id al-shar?‘ah and egalitarian values, provides strong normative foundations for gender justice. Meanwhile, positive law formally guarantees gender equality, although significant gaps persist between legal norms and their practical implementation. This study concludes that both legal systems possess substantial potential for gender-responsive reform, provided that reinterpretation of legal norms, institutional reform, and enhanced legal awareness are systematically pursued.