Who Speaks for Islamic Family Law? Debates on Islamic Law Compilation (KHI) in Indonesia
Dr. Sadari, S.H.I., M.S.I

This article discusses a debate within the formulation of Islamic Family Law in Indonesia, especially the various figures behind. Involving in that case is how far the practice of law negotiation implemented to respond unsatisfied groups over the formulation offered within the formal legislation (UU Marriage Number. 1/1974 and Islamic Law Compilation [KHI]) or non-formal (Counter Legal Draft [CLD]-KHI and Laws Draft [RUU]-HMPA). A history noted that Islamic Family Law was featured with discourses and the dynamic of that development. These features were not coming from an empty space, but through a long discussion. The point of debate was divided into two aspects, theoretical and practical. Both of them were having different interest and as a representation of their own group. Authority‘s contestation has done between the state and Islamic scholars in responding the practice of polygene, interfaith marriage and unregistered marriage. Government‘s need to give a serious punishment for these practices was strongly abandoned by classical Islamic scholars. A different point of view is also happened between two Islamic organizations in Indonesia, namely Nahdlatul Ulama (NU) and Muhammadiyah. The root of the problem was coming from the different point of views in which NU tends to hold a traditional values and Muhammadiyah tends to hold modern values. Both of them were having the different approach in the formulation of Islamic Family law in Indonesia. In the implementation of Islamic family law in Indonesia, Islamic majority has an effort to control public space law through a hope that Islamic family law could survive within an Indonesian law. However, that effort wills not success in changing the landscape of State law without any negotiation process. This article investigates the development of Islamic family law in Indonesia, both in the process of development and the offered decisions. Further, this article also reveals the actors influenced the draft of law, from the process to the debate of formulation. Through using social historical approach, this article shows that conservatism is strongly influencing the decisions of Islamic Family Law in Indonesia. The proof of conservative behavior lied on the rejection over the decision of Islamic family law, even though various approaches have offered.

Full Text: PDF     DOI: 10.15640/jisc.v6n1a2