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Plural Family Law Review
Published by Jambi Tuah Tengganai Foundation
ISSN : 31639402     EISSN : 31643124     DOI : https://doi.org/10.64929/pfl
Core Subject :
PFL: Plural Family Law Review is a peer-reviewed, open-access international journal dedicated to the study of family law in plural legal orders worldwide. PFL examines how religious law, customary law, indigenous law, tribal law, state codification, and inherited civil/common law systems interact in matters of marriage, divorce, parenthood, custody, inheritance, domestic violence, and family welfare-across all jurisdictions where legal plurality shapes family life. PFL is the first scholarly journal to adopt legal pluralism as its principal analytical lens for family law inquiry, providing a dedicated forum where the encounter between religious, customary, indigenous, and state legal orders in family matters can be examined as a coherent scholarly field.
Arjuna Subject : -
Articles 5 Documents
 1 
Beyond Formal Validity: Substantive Consent and the Annulment of Coerced Marriage in the Indonesian Religious Courts Muhammad Ibnu Tohir; Hamdan Arief Hanif; Muhammad Iman Kurniawan; Arga Aditya Firmansyah
PFL: Plural Family Law Review Vol. 1 No. 1 (2026): Plural Family Law Review (June)
Publisher : PFL: Plural Family Law Review

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Abstract

Free consent is the substantive, not merely formal, foundation of a valid marriage under Indonesian Islamic family law a proposition this article advances through doctrinal analysis of South Jakarta Religious Court Decision Number 100/Pdt.G/2023/PA.JS, in which a marriage contracted under parental coercion was annulled. Using a normative-qualitative case-study approach that combines statutory, KHI, and classical fiqh analysis with close reading of the certified court decision, the study identifies two principal findings. First, the petitioner, a woman who had never met the respondent prior to the akad, sought annulment on the ground that the marriage was orchestrated entirely by the parents of both parties without her genuine consent, and that the respondent left for Surabaya the day after the ceremony without consummation. Second, the panel grounded annulment on Article 6(1) and Article 22 of Law No. 1/1974, Article 71(f) of the Compilation of Islamic Law, and prophetic traditions affirming a woman’s right to repudiate a marriage contracted without her permission. The article argues that these sources converge on a four-register theory of marital consent as rukn of contract, statutory condition, codified Islamic law, and treaty-based right and offers an evidentiary template that practitioners may apply to distinguish genuine coercion from post-hoc dissatisfaction.
Transfer of Inheritance to Adopted Children: A Comparative Study of Islamic Inheritance Law and Civil Law in Indonesia Alfikrul Akbar; Ali Marzuki; Ratih Ayu Muflihah
PFL: Plural Family Law Review Vol. 1 No. 1 (2026): Plural Family Law Review (June)
Publisher : PFL: Plural Family Law Review

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Abstract

Despite the growing body of scholarship on Indonesian Islamic family law and civil inheritance, no study has systematically compared the two principal legal regimes governing adopted-child inheritance on the specific question of total estate transfer. This gap matters in practice: Indonesia’s pluralistic inheritance architecture comprising the Compilation of Islamic Law (KHI), the Civil Code (BW), and Staatsblad 1917 No. 129 applies different rules to different communities, generating recurring litigation and legal uncertainty for adoptive families. This article employs a normative-juridical comparative method, drawing on maqāṣid al-sharīʿah as the theoretical framework for evaluating the Islamic regime and on forced-heir doctrine for the civil-law regime, to examine whether the transfer of an entire estate to an adopted child can be juridically justified under each system. The findings show: first, that under Islamic inheritance law adopted children are not heirs (lacking nasab, musāharah, or walāʾ), but may receive at most one-third of the estate through wasiat wajibah (Art. 209 KHI) or hibah (Art. 210 KHI); second, that under the Civil Code equalization with legitimate children applies only to Chinese-descent Indonesians under Staatsblad 1917 No. 129, while all others depend on testamentary or inter vivos instruments subject to legitime portie; and third, that total estate transfer is excluded under both regimes, achievable only through heir consent or the absence of forced heirs. The comparative contribution lies in demonstrating that outcome convergence (reaching the same substantive result) coexists with doctrinal divergence (using different mechanisms), a finding with direct implications for Indonesia’s ongoing inheritance law reform debate.
The Absent Father across Three Normative Orders: Legal Pluralism, Maqasid al-Shari'ah, and Meaning-Making in an Indonesian Pesantren Muhammad Fauzan Aziman; Abdulnasir Dhaw Alsayd
PFL: Plural Family Law Review Vol. 1 No. 1 (2026): Plural Family Law Review (June)
Publisher : PFL: Plural Family Law Review

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Abstract

This article reports a single-site qualitative case study of fatherlessness, the absence of the father's role in physical or psychological terms, among the santri of one Islamic boarding school, Pondok Pesantren Darunnajah 1 in South Jakarta. Its scope is deliberately bounded: the findings describe this institution and are not advanced as conclusions about father absence in Indonesia generally, whose national scale remains contested. The study uses maqasid al-shari'ah deductively, as an a priori coding framework that organizes both the interview instrument and the analysis. It pursues three aims: to describe the role of the father as idealized in Islamic and Indonesian positive law; to analyze the positive and negative effects of father absence in a balanced rather than uniformly pathological way; and to map those effects across the five objectives of the shari'ah. Drawing on observation, semi-structured interviews with six santri who had experienced father absence, and documentation analyzed through the framework of Miles, Huberman, and Saldaña, the study finds that the father's role extends well beyond provision to leadership, motivation, spiritual guidance, and modeling; that the effects of father absence are not inherently negative but appear to be shaped by the individual's capacity for meaning-making and by the socio-spiritual environment of the pesantren; and that father absence touches all five objectives to varying degrees and directions. In this bounded setting, perspective and meaning-making emerge as decisive.
Mahar as Esteem, Not Price: Mediating Classical Fiqh, the Compilation of Islamic Law, and Custom in Indonesia's Plural Legal Order Bayu Arif Mahendra; Aris Munandar; Zetty Nurzuliana
PFL: Plural Family Law Review Vol. 1 No. 1 (2026): Plural Family Law Review (June)
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Abstract

Mahar (dowry) sits at the intersection of three normative orders in Indonesia, namely classical fiqh, state codification, and regional custom, yet it is increasingly misread as a price paid to acquire a wife. This distortion is sharpened by the social escalation and public display of expected amounts. The article asks how the Compilation of Islamic Law (Kompilasi Hukum Islam, KHI) mediates between classical jurisprudence and lived practice, and what that mediation reveals about the normative purpose of mahar. Prior scholarship has examined doctrine, codification, and social practice in isolation, leaving their interaction within Indonesia's plural legal order underexamined. Employing a doctrinal-normative method that reads the four Sunni schools alongside the KHI through the lenses of legal pluralism and maqāṣid al-sharīʿah, the study analyzes the legal foundation of mahar, its conditions of validity, its forms and amounts, and its codification in Indonesian positive law. The analysis shows that the schools converge in substance, affirming the wife's entitlement and the sufficiency of a modest gift, even where they diverge in technical classification, and that the KHI distills this shared principle of simplicity and mutual consent into an administrable rule while preserving the wife's protected right. It argues, within the sources examined, that mahar functions analytically as a marker of esteem and a vested entitlement of the wife rather than a transactional price. These findings carry direct implications for how the institution is taught in religious education and applied in the Religious Courts.
Firm on the Male Line, Tentative on the Female: The Surrogate Heir between Article 185 KHI and al-Nawawi's Shāfiʿī Doctrine Ahmad Fawwaz; Fuat Hasanudin
PFL: Plural Family Law Review Vol. 1 No. 1 (2026): Plural Family Law Review (June)
Publisher : PFL: Plural Family Law Review

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Abstract

The codification of Islamic inheritance in Indonesia has produced a rule with no counterpart in the classical schools, and its standing within the Shafi'i tradition remains unsettled. Article 185 of the Compilation of Islamic Law (Kompilasi Hukum Islam, KHI) allows a grandchild whose parent died before the propositus to take that parent's place. In contrast, the received doctrine, and Imam al-Nawawi in particular, would often exclude the grandchild altogether. This article asks whether the provision is a faithful development of the school or a departure from it, a question earlier scholarship has raised but not resolved. The study reads Article 185 directly against al-Nawawi's treatment of the grandchild in Rawdat al-Talibin and al-Majmu' Sharh al-Muhadhdhab. Using doctrinal-normative legal research, it compares the two frameworks along four declared axes: legal basis, conditions, mechanism, and share size. It tests them on a single gender-specified estate worked through to exact fractions. The Compilation confers an entitlement through a mechanism informed by the obligatory bequest (wasiat wajibah), capped at one third and at the share of an heir of the same degree. At the same time, al-Nawawi admits the grandchild only through the fixed categories of 'asabah and Qur'anic sharer. In the estate tested, the surviving son takes the whole property under al-Nawawi, but two-fifths under the Compilation. Read through the objectives of Shafi'i succession, Article 185 emerges as development rather than deviation, though unevenly: the alignment is firm on the male line and more tentative on the female line, where the daughter's child is reclassified rather than repositioned. The article's contribution is to locate this asymmetry, largely overlooked in the existing literature, and to recast the reform debate as a question of which line the provision can textually secure.

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