Introduction

Indonesian state law on Muslim familial issues, as embodied in Marriage Law No. 1/1974 and Presidential Instruction No. 1/1991 regarding the Compilation of Islamic Law (Kompilasi Hukum Islam), introduced a number of reforms reflecting the inclusion of local customs, state interests and new issues in Islamic discourse in Indonesia, including gender issues. By doing so, it attempted to achieve an amalgamation of the classical legal doctrines of Islam, state interests and local tradition or adat. The accommodation of local tradition and state interests makes the law distinctly different from similar laws issued elsewhere in the Muslim world. The rules on representation of heirs, obligatory bequest (wasiat wajiba) and joint property are examples of the special characteristics of Indonesian law in this field. The distinctive features become even stronger when we look at how judges deal with family law.

This chapter examines how Indonesian state law addresses issues of Muslim family law by looking at specific questions relating to reforms. It discusses some examples of reform by observing the key concepts and interpretations of Islam used in drafting the new rules. It then compares the results with laws introduced in other Muslim countries in order to draw attention to similarities and differences and to analyse the factors that underlie the uniqueness of the Indonesian approach.

Ideas of reform in Islamic family law

The introduction of Islamic principles into national law has been a topic of discussion since Indonesia became independent in 1945. Indonesian Muslims now have what has come to be called the Kompilasi Hukum Islam, henceforth referred to here as the kompilasi. Issued in 1991, the kompilasi systematises and brings together in one book the Islamic legal rules regarding family law derived from various fiqh texts. Its compilation is one of a number of remarkable examples of the trend of legal codification in the Muslim world. The kompilasi is divided into three volumes on marriage, inheritance and endowment respectively. Its issuance by the Indonesian government complemented the reform of the religious judicial system in Indonesia, which had previously seen the ratification of the Religious Judicature Act in 1989 as the formal law regulating the position of religious courts within the national legal system and their composition, jurisdiction and procedures.