Reconstructing Islamic Family Law in ASEAN: A Normative Analysis of Marriage, Divorce, and Inheritance in Plural Legal Systems

Abstract

This study discusses efforts to reconstruct Islamic family law in the context of the pluralistic legal systems developing in three ASEAN countries, namely Indonesia, Malaysia, and Singapore. The main focus of the study is on issues of marriage, divorce, and inheritance, which are the points of convergence between Islamic law, state law, and customary or civil legal systems. The objective of this research is to analyze the doctrinal foundations of classical fiqh and the codified provisions of Islamic family law in the three countries, explore the interactions and jurisdictional boundaries between Islamic law and national legal systems, and formulate a normative framework for the reconstruction of Islamic family law that is more adaptive to the pluralistic context and substantive justice values. The research gap addressed is the absence of an adequate normative theoretical framework in previous literature that can bridge the need for harmonization between Sharia law and constitutional principles and human rights in the pluralistic legal system of the ASEAN region. This study uses a normative legal approach through literature review, comparative legal analysis, and the theory of maqāṣid al-sharīʿah as evaluative instruments. The results of the study indicate that Indonesia tends to adopt an integrative approach through flexible Islamic law compilation, while Malaysia implements a dual legal system that creates overlapping jurisdictions. Singapore, with its secular but accommodative approach, presents a model of limited but stable recognition of Islamic law. This study recommends a reconstruction model based on contextual Ijtihad and maqāṣid principles to promote legal integration that is fair, responsive to social change, and consistent with constitutional rights.