Objective: This article analyzes the Islamic Law Compilation (KHI) as a manifestation of state engagement with Islamic law, utilizing a state typology framework for analysis. Methods: Employing both doctrinal and socio-legal methodologies, the research elucidates how the political-religious dynamics in Indonesia influence the codification and reform of Islamic family law. Results: The study illustrates that Indonesia occupies a unique position among Muslim-majority nations, embodying a synthesis of secular regulation and religious accommodation. Three key findings emerge from this analysis: (1) the KHI occupies an ambiguous status within Indonesia's legal hierarchy, which constrains its enforcement capabilities; (2) recent rulings from the Constitutional Court have redirected the trajectory of Islamic family law reform, frequently circumventing formal legislative procedures; and (3) a more adaptive approach to reforming Islamic family law necessitates a methodological transition from a textual-normative interpretation to a contextual-substantive interpretation. Conclusion: The article concludes that future reforms in Islamic family law in Indonesia must strike a balance among religious values, constitutional principles, international human rights standards, and local wisdom to ensure sociological legitimacy while striving for legal certainty and justice.
Building similarity graph...
Analyzing shared references across papers
Loading...
Muslih Muslih
Universitas Dian Nuswantoro
Almi Jera Almi
ADHKI Journal of Islamic Family Law
Building similarity graph...
Analyzing shared references across papers
Loading...
Muslih et al. (Wed,) studied this question.
synapsesocial.com/papers/68e5a0557f330f793683f25f — DOI: https://doi.org/10.37876/adhki.v6i1.212
Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context: