Indonesian Journal of Islamic Law (IJIL)
Vol. 4 No. 1 (2021): Indonesian Journal of Islamic Law

Dynamics of State Power and Religious Authority in the Formation of Family Law: Case Study of Indonesia and Malaysia

Purnamasari, Sari (Unknown)
Prasetyo, Angga (Unknown)



Article Info

Publish Date
25 Jun 2021

Abstract

This research analyzes the dynamics of state power and religious authority in the formation of family law in Indonesia and Malaysia. Through a qualitative approach with case study methods, this research explores how these two countries integrate religious norms into the national legal framework, especially in the context of family law which is heavily influenced by Islamic interpretations and practices. Data was collected through in-depth interviews with key stakeholders as well as analysis of legal and policy documents. The research results show that although there are legislative efforts to increase gender equality in family law, implementation is often hampered by social norms and pressure from conservative religious groups. These findings also suggest that family law reform that supports gender equality requires strong political support and changes in social perceptions. Policy recommendations include the development of more effective monitoring mechanisms, gender equality-oriented training for legal stakeholders, as well as increasing the participation of women's groups in the policy-making process. This research contributes to the literature on family law and women's rights in Muslim-majority countries and offers insights for more inclusive and equitable family law reform.

Copyrights © 2021






Journal Info

Abbrev

IJIL

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Indonesian Journal of Islamic Law, a.k.a. IJIL (P-ISSN: 2085-627X, E-ISSN: 2615-7543), is published twice a year, in June and December, by the IJIL Research Centre of the Department of Islamic Family Law, Postgraduate Program, Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember since 2019 ...