Perkembangan Hukum Keluarga Islam di Indonesia: Dari Masa Kolonialisme hingga saat ini

Abstract

The development of Islamic family law in Indonesia has undergone significant transformations since the colonial era to the modern imperialist era. During the Dutch colonial period, Islamic family law was governed in a limited manner, aligned with the colonial government's policies that prioritized customary law. However, with the emergence of religious courts, Islamic law gradually gained recognition within the framework of family law. Following independence, the codification of Islamic family law continued to evolve, marked by the enactment of the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law. In the modern era, global challenges and the influence of international legal systems have introduced new dimensions to Islamic family law. Imperialist legal influences through international organizations and global financial institutions have also impacted the direction of family law policies in Indonesia. This article examines these changes from a historical, legal, and sociological perspective, highlighting the crucial roles of ulama (Islamic scholars), the government, and society in maintaining the existence of Islamic family law amidst social dynamics.