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Issue: Vol 2 No 2 (2026): June
Original article lock_open Open Access

Strengthening Elderly Care Governance under Islamic Family Law: Comparative Perspectives across Asia and Australia

Salamun Al Hafidz bin Abdussyakur Kasmuri, James Chin, Arifuddin Muda Harahap, Indra Utama Tanjung
Pages: 59–71
Published: 2026-06-30
Section: Artikel

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Abstract

Background: Population ageing is transforming family structures, caregiving arrangements, and welfare systems, creating tensions between familial obligations and institutional support. Comparative legal scholarship connecting Islamic family law, family responsibility, and elderly care governance remains limited.

 

Methods: This study employs a qualitative doctrinal and comparative legal approach to examine Islamic legal principles, family and elderly-care legislation, welfare policies, institutional frameworks, and scholarly literature in Indonesia, Japan, Türkiye, and Australia. The analysis integrates comparative legal analysis with maqāṣid al-sharīʿah.

 

Results: Indonesia and Türkiye emphasize family-centered responsibility, Japan combines family participation with comprehensive long-term care institutions, while Australia adopts a rights-based and regulated aged-care system. Despite these differences, family participation remains important alongside institutional and state-supported mechanisms.

 

Discussion: Sustainable elderly care requires complementary relationships between family responsibility and institutional support. Maqāṣid al-sharīʿah provides a normative basis for balancing filial responsibility, elderly dignity, caregiving capacity, and social welfare within changing ageing societies.

 

Conclusion: Effective elderly care governance should balance family obligations, individual rights, caregiving capacity, institutional support, and collaborative responsibility rather than relying exclusively on families or the state.

 

Novelty: This study develops the Maqāṣid-Based Elderly Care Responsibility Framework (MECRF), integrating five dimensions: filial responsibility, elderly dignity protection, family caregiving capacity, social welfare integration, and collaborative governance. The framework translates maqāṣid al-sharīʿah into a governance model for sustainable elderly care across diverse legal and welfare contexts.

Keywords:

Elderly Care; Family Law; Family Responsibility; Maqāṣid al-Sharīʿah; Comparative Family Law

How to Cite

. (2026). Strengthening Elderly Care Governance under Islamic Family Law: Comparative Perspectives across Asia and Australia. Jurnal Munakahat, 2(2), 59–71.

Cara Mengutip

Strengthening Elderly Care Governance under Islamic Family Law: Comparative Perspectives across Asia and Australia. (2026). Jurnal Munakahat, 2(2), 59–71. https://doi.org/10.5281/zenodo.21923209