The Reconstruction of Islamic Family Law in Indonesia: A Normative-Comparative Analysis of Gender Justice and Legal Modernity

Abstract

This report provides a normative-comparative analysis of the reconstruction of Islamic family law in Indonesia. It argues that Indonesia’s legal trajectory, particularly since the promulgation of the Compilation of Islamic Law (KHI) in 1991, represents a unique synthesis of classical fiqh, indigenous customary law (adat), and modern state-codified legislation. This process has progressively moved toward gender-sensitive reforms, yet it faces persistent challenges from entrenched patriarchal interpretations and conservative political opposition. The analysis employs a normative framework, evaluating key legal provisions against the principles of maqāṣid al-sharī‘ah and modern feminist legal theories. It also utilizes a comparative approach, contrasting Indonesia's model with the legal systems of its ASEAN neighbors, Malaysia and Brunei. The findings reveal a complex, dynamic process in which legal reforms, such as the regulation of polygamy and the raising of the minimum marriage age, are often partial successes. These reforms demonstrate an internal, principled struggle to align jurisprudence with contemporary notions of justice, but their implementation is hindered by institutional fragmentation, judicial discretion, and a well-organized resistance that frames gender equality as a foreign imposition. The report concludes that Indonesia serves as a critical case study, offering a blueprint for how Islamic law can be contextualized within a modern, pluralistic, and democratic society, while also highlighting the profound challenges that remain.