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All Journal El-Faqih : Jurnal Pemikiran dan Hukum Islam
Miftakhul Arif
Institut Agama Islam Faqih Asy'ari Kediri, Indonesia
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Modernisasi Hukum Perkawinan Islam di Indonesia: Respons Ulama Atas Rancangan Ordonansi Perkawinan Era Hindia-Belanda Miftakhul Arif
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri, , Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.2052

Abstract

The colonial government's marriage regulations sparked debates among Islamic scholars, with responses ranging from acceptance and rejection to compromise. This study examines the ulama's response to the draft Marriage Ordinance in the Dutch East Indies, as reported in the Suara Nahdlatul Ulama magazine in 1927. As library-based research, this empirical study on Islamic law employs a socio-historical and legal-political approach. Data were collected from historical documents, including the 1927 edition of Suara Nahdlatul Ulama and other relevant literature. The study found that ulama’s responses to the draft Marriage Ordinance in the Dutch East Indies fell into three categories: rejection, acceptance, and compromise. From a legal-political perspective, these responses reflect the dynamics between Islamic and colonial law. Rejection symbolized efforts to maintain Islamic legal autonomy, acceptance was seen as a step toward modernizing Islamic marriage law, while compromise indicated negotiations between the two systems. The findings contribute to the discourse on the interaction between Islamic and colonial law in Indonesia.
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