Islamic Family Law and Women’s Rights in Indonesia: Between Normativity, Reform, and Social Realities

Abstract

This study examines the dynamics of Islamic Family Law in Indonesia concerning women’s rights through a socio-legal analysis emphasizing the interaction between Islamic legal norms, state reform, and social realities. The research aims to identify the extent to which normative frameworks such as the Compilation of Islamic Law (KHI) continue to preserve patriarchal structures and to assess the effectiveness of legal reforms implemented through the 2019 Marriage Law amendment and progressive judicial ijtihad within the Religious Courts. The study employs a qualitative socio-legal methodology that integrates doctrinal analysis of primary legal texts (KHI and Marriage Law) with a review of academic literature, NGO reports, and empirical data related to judicial and social practices.The findings reveal a triadic tension among normativity, reform, and social realities. While the KHI still institutionalizes gender-biased provisions—such as the wali mujbir concept and the asymmetry of divorce rights—there is an emerging reformist trajectory through the standardization of marriage age and the progressive judicial interpretation that promotes women’s rights in divorce cases. Nevertheless, practices like nikah siri (unregistered marriage) and child marriage persist, reflecting a gap between legal norms and implementation. The study implies that legal reform must be complemented by social empowerment and legal literacy initiatives to ensure that gender justice in Islamic family law becomes not only a codified norm but a lived reality in Indonesian society.