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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