nailul_husna
UIN Sunan Kalijaga Yogyakarta

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KONTESTASI HABITUS DALAM PEMBARUAN HUKUM KELUARGA ISLAM INDONESIA: R.A. KARTINI, MAHBUB DJUNAIDI, DAN DISKURSUS UUP 1974 nailul_husna; Raihan Qodrian, S.H
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 4 (2026): Oktober 2026
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/3ygg7r14

Abstract

This study examines the historical development of Islamic family law in Indonesia through three main periods: pre-colonial, colonial, and independence. The background of this study is the tendency of prior research to treat the 1974 Marriage Law and the Compilation of Islamic Law (KHI) as settled legal products, without tracing the social dynamics behind their formation. This study aims to trace the periodization of Islamic family law reform in Indonesia and to analyze the figures who shaped the discourse surrounding it. Through qualitative library research and Pierre Bourdieu’s habitus theory, the study explores the interaction of Islamic legal norms with local culture and the contributions of key public figures, both supportive and oppositional, to the discourse surrounding the reform of Islamic family law, as well as the codification process reflected in the KHI. The results show that the reform of Islamic family law in Indonesia developed gradually across three periods and was shaped not only by formal legislation but also by the social background, education, and networks of the figures who supported or opposed it. Further analysis shows that support for and resistance to the reform were not merely normative differences over Islamic law, but the outcome of a contestation of habitus, capital, and actor positions within the socio-political field of lawmaking: Kartini’s cultural and symbolic capital generated a reformist orientation from outside the legislative arena, whereas Mahbub Djunaidi’s religious habitus and his position in the parliamentary field generated resistance to the marriage bill. These findings suggest that a sociological reading of legal history offers a fuller picture than a purely normative-juridical approach, and can inform further study of contemporary Islamic family law reform in Indonesia.