Kartika: Jurnal Studi Keislaman
Vol. 5 No. 1 (2025): Kartika: Jurnal Studi Keislaman (May)

Sumber Hukum Keluarga Islam Di Indonesia: Antara Hukum Negara, Hukum Islam, Dan Hukum Adat

Syahroni, Akhmad (Unknown)
Sukti, Surya (Unknown)



Article Info

Publish Date
19 May 2025

Abstract

This study examines the interaction between the three main sources of law in the context of Islamic family law in Indonesia, namely state law, Islamic law, and customary law. Using a philosophical approach, this paper evaluates the extent to which the interaction between these legal sources fulfills the principles of justice, legal certainty, and utility. The findings indicate that legal pluralism creates complex dynamics, particularly in cases of interfaith marriage, polygamy, and inheritance. The main challenge lies in the inconsistency between state law, Islamic law, and customary law, which often leads to legal uncertainty and injustice, especially for women. Recommendations include revising the Marriage Law and the Compilation of Islamic Law (KHI), harmonizing legal sources, and increasing legal awareness among the public. This paper is expected to contribute to the development of a more just and harmonious family law system in Indonesia.

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Journal Info

Abbrev

kartika

Publisher

Subject

Religion Economics, Econometrics & Finance Education

Description

KARTIKA: Jurnal Studi Keislaman covers a variety of subjects, ranging from Islamic history, law, sufism, theology, politics, philosophy, the Qur’an and hadith, to modern and contemporary developments including such issues as democracy, gender, and human rights as well as social and cultural ...