Disruption in Islamic Family Law: An Analytical Review of Behavioral Changes in Post-Pandemic Marital Disputes

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Zainal Abidin
Mona Lisa

Abstract

The COVID-19 pandemic acted as a global catalyst for profound socio-legal disruptions, particularly within the sanctity of the Muslim family structure. This research provides an analytical review of behavioral shifts in marital disputes during the post-pandemic era, examining how economic instability, digital transformation, and psychological stressors have altered the landscape of Islamic Family Law. Utilizing a Narrative Literature Review (NLR) methodology focused on scholarly data from 2021-2026, the study investigates the surge in Khul’ (divorce initiated by the wife) and Faskh (judicial dissolution) cases, alongside the emergence of "Digital Divorce" through social media platforms. The findings reveal a significant shift from traditional mediated reconciliation toward individualistic legal assertions, driven by changing perceptions of Nafaqah (maintenance) and Qawwamah (guardianship) in a precarious economy. The review highlights the resilience of the Maqasid al-Sharia framework in adapting to these disruptions while pointing out the urgent need for "Digital Hisbah" in marital counseling. This study concludes that post-pandemic marital disputes require a hybrid approach—combining classical jurisprudence with modern psychological behavioral interventions—to preserve the Ummah's social fabric.

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