The Role of the Marriage Act and the Compilation of Islamic Law in Shaping National Legislation
Year: 2025
Type: article
Abstract: Indonesia is a constitutional state that integrates three distinct legal systems: customary law, Western law, and religious law. Among these, religious law particularly Islamic law serves as a pivotal source in shaping national legislation. This study seeks to examine the influence of Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI) on the development of Islamic family law in Indonesia. Furthermore, it explores the role of these legal instruments in facilitating the integration of Islamic law within the broader national legal framework, and how their enactment reflects the evolution of Islamic legal politics in the country. Employing a qualitative methodology through library-based research, the study finds that the promulgation of Law No. 1 of 1974 and the KHI represents a significant milestone for the Muslim community in Indonesia, effectively curtailing the predominance of customary law in regulating Islamic marital affairs. The KHI, as a uniquely Indonesian fiqh, not only provides legal certainty in matters of Islamic family law but also underscores the state’s formal acknowledgment of Islamic law, particularly during the New Order period, thereby reinforcing the harmonization of religious and national legal systems.
Source: Jurnal AL-AHKAM/Al-Ahkam
Authors: Ahmad Budiman, Saiful Amin, Khairul Fahmi
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4415122074
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