ISLAMICA: Jurnal Studi Keislaman
Vol. 21 No. 1 (2026): September

State Hegemony and the Production of Legal Consensus: The Making of Indonesia’s Compilation of Islamic Law

Faisal, Ahmad (Unknown)
Defriza, Rita (Unknown)
Nasution, Khairul Bahri (Unknown)
Kusor, Kusor (Unknown)



Article Info

Publish Date
03 Oct 2026

Abstract

This article analyzes how state hegemony operated in the unification of Islamic law in Indonesia through the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI). Using legal-historical re­search with a legal-political approach, it reads the legal instruments of the KHI together with the documents and published accounts of the compilation project (1985-1991) through Antonio Gramsci’s theory of hegemony. The findings show that the KHI was not merely an admin­istrative response to the absence of uniform substantive law in the Re­ligious Courts. It was a hegemonic project in which the New Order state organized the production of religious consent, through the four-track compilation project, the 1988 national workshop of ulema, and the mediation of jurist-bureaucrats such as Busthanul Arifin, so that state-selected fiqh opinions came to be accepted as Indonesian Islamic law. This consent was negotiated and uneven rather than total, as the debates over inheritance and the persistence of unregistered marriages show. The article contributes the concept of “frozen hegemony” to explain how the consensus of 1985-1991 was fixed in a text of ambigu­ous legal status that remains insulated from both judicial ijtihād and parliamentary contestation.

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Journal Info

Abbrev

islamica

Publisher

Subject

Religion Education

Description

ISLAMICA: Journal of Islamic Studies is a biannually published journal in March and September. It covers various issues on the Islamic studies within such number of fields as Islamic education, Islamic thought, Islamic law, political Islam, and Islamic economics from social and cultural ...