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All Journal ASA Proceeding of International Conference on Humanity Education and Society
Ahmad Muktafi
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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LEGAL ANALYSIS OF OPPORTUNITIES AND CHALLENGES IN IMPLEMENTING ISLAMIC COMMUNITY GUIDANCE CIRCULAR LETTER NO. 2 OF 2024 WITHIN INDONESIA'S MARRIAGE REGULATORY SYSTEM Aisyah, Siti Nur; Ahdaniah, Dzurrotul Muniroh; Soviah, Amrotus; Muktafi, Ahmad
International Conference on Humanity Education and Society (ICHES) Vol. 4 No. 1 (2025): The 4th International Conference on Humanity Education and Society (ICHES)
Publisher : FORPIM PTKIS ZONA TAPAL KUDA

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Abstract

The high divorce rate in Indonesia indicates a lack of readiness among couples to build strong household. In response, the Ministry of Religious Affairs issued Circular Letter Number 2 of 2024 from the Director General of Islamic Community Guidance concerning the enhancement of premarital counseling quality for prospective brides and grooms. This study aims to examine the legal standing of circular letter within Indonesia’s legislative system and to analyze the normative opportunities and challenges within the marriage regulatory framework. As a normative juridical study, it employs a statutory approach with descriptive qualitative analysis. The findings show that the circular is an administrative legal product not included in the formal hierarchy of legislation and is non-binding externally, However, it plays an important role in the implementation of premarital counseling. Normatively, its implementation still faces substantial barriers, includes the absence of effective coercive norms, disharmony among cross-sectoral regulations, and disparities in regional understanding. Therefore, strengthening its legal foundation through higher-level regulation, cross-agency synergy, and increased capacity of implementers is necessary to ensure the effectiveness of this policy in building family resilience.
POLITIK HUKUM DALAM PEMBENTUKAN KOMPILASI HUKUM ISLAM Fina Wildaniyah; Ahmad Muktafi
ASA Vol 7 No 2 (2025): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v7i2.154

Abstract

The Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) is a legal product that emerged from the dynamics of Indonesian legal politics during the New Order era and became a crucial milestone in the unification of family law for Muslims in Indonesia. Its formation was rooted in the urgent need for a codified and uniform legal reference within the Religious Courts, considering that previously judges relied on various classical fiqh texts, which often resulted in inconsistent rulings. The KHI not only functions as positive law through Presidential Instruction No. 1 of 1991 but also serves as a means of harmonizing Islamic jurisprudential traditions with the national legal system. Nevertheless, its emergence triggered both support and criticism. Proponents argued that the KHI successfully addressed the demand for legal unification and expedited the settlement of cases in the Religious Courts. Critics, however, highlighted its weak legal standing, as it was established merely by presidential instruction rather than through formal legislation, and warned that it could limit the scope of judicial ijtihad. Despite such debates, the establishment of the KHI was regarded as a strategic step in the politics of Islamic law in Indonesia, especially under a political climate that was less accommodating to Islamic aspirations. The drafting process involved scholars, judges, and legal practitioners, who examined classical fiqh literature, judicial precedents, and comparative legal studies from other Muslim-majority countries. Thus, the KHI represents not only an attempt at codifying Islamic law in Indonesia but also a political-legal compromise between the aspirations of the Muslim community and the state’s political configuration. Ultimately, the KHI has served as a juridical reference to uphold legal certainty, utility, and justice for Muslims in Indonesia.
Co-Authors Dzurrotul Muniroh Ahdaniah Fina Wildaniyah Siti Nur Aisyah Soviah, Amrotus