Journal of Innovation Research and Knowledge
Vol. 5 No. 8 (2026): Januari 2026

KRITIK AKADEMIK TERHADAP KHI ANTARA KODIFIKASI DAN DINAMIKA SOSIAL

Vern Subagya (Unknown)
Erma Zahro Noor (Unknown)



Article Info

Publish Date
05 Jan 2026

Abstract

The Compilation of Islamic Law (KHI), established through Presidential Instruction No. 1 of 1991, is an effort to codify Islamic law in Indonesia, particularly in the areas of marriage, inheritance, and waqf. This article analyzes various academic critiques that have emerged against the KHI in the context of the dialectic between the need for legal codification and the social dynamics of Indonesian Muslim society. This study uses a normative-sociological approach by examining Islamic law literature, KHI documents, and various academic critiques that have developed. The results of the study show that the KHI faces several fundamental problems: its legal status is only a Presidential Instruction, its limitations in responding to contemporary social developments, and the tension between the classical fiqh approach and the need for legal reform. Critics also highlight aspects of gender justice, madhhab pluralism, and flexibility of interpretation. Nevertheless, the KHI continues to play a strategic role as a guide for religious courts and can serve as a basis for developing Islamic law that is more responsive to social dynamics

Copyrights © 2026






Journal Info

Abbrev

JIRK

Publisher

Subject

Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Innovation Research and Knowledge, published by Bajang Institute. Published in two formats, print and online, print version of ISSN: 2798-3471 and the online version of ISSN: 798-3641, both of which are published every month. The scope of the journal studies broadly includes: Culture (a ...