The Future of

Islamic Family Law in Indonesia

Denny Febriansyah, M.Litt
(Head of Islamic Family Law study program IAITF Dumai)
Slide Title
• Brief History of Islamic Law
• Islamic Family Law
• The Growth of Islamic Family Law in Indonesia
• The Future of Islamic Family Law in Indonesia
 CURRICULUM VITAE

Name : Denny Febriansyah, S.Sy, M.Litt

Adress : Pinang Merah street, Dumai, Riau - Indonesia
Phone/e-mail : 0852 7226 6272
denny23islam@gmail.com
Date of birth : Dumai, 23 Februari 1991

Education
2009 – 2013 : Bachelor degree in Ahwal Al-Syakhsiyah from STAI Tafaqquh Fiddin,
Dumai, Riau, Indonesia
2017 – 2018 : Master of Literature in Islamic Studies from University of Aberdeen,
Aberdeen, Scotland, United Kingdom
Work Experiences
2018 – present : Senior Lecturer of IAI Tafaqquh Fiddin Dumai
2018 – present : Head of Islamic Family Law study program from Faculty of Sharia in IAI
Tafaqquh Fiddin Dumai
Brief History of Islamic Law
• Islamic law has an important position in the
lives of Muslims. This is because Islamic law in
its reality has become an inseparable part of
Islam. In the long history of Indonesia Muslim,
Islamic law has metamorphosed into a living
law in the society. Its existence is bigger and
stronger than other aspects of Islamic
teachings although, of course, other aspects
of the mechanism also have undeniable
effects
Slide Title No Author Book Title

1 J.N.D Anderson ''Islamic Law in the Modem World"

(London, 1959)
• Islamic Law, in 2 N.J Coulson 1. “A History of Islamic Law"
(Edinburg, 1964)
Western literature, 2. "Conflicts and Tensio in Islamic
Jurisprudence" (Chicago, 1969)
translated with two
term “Islamic Law” 3 J. Schacht 1. “An Introduction to Islamic Law"
(Oxford, 1964)
and “Islamic 2. "Origins of Muhammadan
Jurisprudence" (Oxford, 1950)
Jurisprudence”
4 M.I Zagday ''Modem Trends in Islamic
Law" (London, 1948)
Islamic Family law
• Islamic Family Law, which includes all matters of inheritance for Muslims, is an integral
part of a rich, complex and highly sophisticated system of Islamic law (commonly known
as Shari’a) that can be traced back to the 8th and 9th centuries C.E. Significant
theological and jurisprudential differences existed from the very beginning not only
between Sunni and Shi’a Muslim jurists, but also among the different schools of thought
of each tradition, and indeed within the same school of thought (Madzahib, sing.
Madzhab).
• Generally speaking, Islamic Family Law is applied today in almost all predominately
Islamic countries, as well as among Islamic communities in secular states like India and
Indonesia. Even where it is not enforced by official state courts, its principles are
informally observed by Muslims as a matter of religious obligation and vital concern.
Ahwal Al-Syakhsiyyah
• Ahwal means circumstances; Asy-Syakhsiyyah means personal
or individual. Al-Ahwal Asy-Syakhsiyyah is law that concerns
family matters, such as marriage law, divorce, inheritance and
wills.
• Al-Ahwal Al-Syakhsiyah is the term for all laws relating to family
matters and Islamic courts such as marriage law, inheritance,
wills and religious courts. Formerly, the discussion of these
laws was contained in separate fiqh chapters.
• It was only later in the second half of the 19th century that the
laws categorized as family law were collected in a special study,
Al-Ahwal Al-Syakhsiyah.
• The first person to separate it in a separate study was
Muhammad Qudri Pasha (l. 1821 M – w. 1866 M), an expert
on Islamic law in Egypt. He was the first person to codify Al-
Ahwal Asy-Syakhsiyyah in a book entitled Al-Ahwal Asy-
Syar'iyyah fi Al-Ahwal Asy-Syakhsiyyah (Shari'a/Religious Law
in Family Matters).

• The codification of family law includes discussion of

marriage law, divorce, wills, ahliyyah (whether or not a
person is competent to take legal action), inheritance, and
grants.
The Growth of Islamic Family Law in Indonesia
• In Indonesia, the issues of Ahwal Asy-Syakhsiyyah has been
regulated in Presidential Intruction No.1/1991 and Minister of
Religion’s Decision No.154/1991 concerning Compilation of Islamic
Law. Before that, for marriage there was a Marriage Law No.
1/1974.

• Prior to the existence of the Compilation of Islamic Law (KHI), the

reference source for judges at the Religious Courts in Indonesia was
only 13 books which generally had the Syafii school of thought. But
after the existence of KHI, the book references used were 38 books
with a more diverse variety of schools.
Implementation in Indonesia
• Marriage Age
• Marriage Guardianship
• Marriage Registration: obligatory; Marriage Registrar Office of
Department of Religious Affairs is responsible for registration of
Muslim marriages and Civil Marriage Registrar Office of
Department of Internal Affairs for all other marriages
• Polygamy
• Talaq: Marriage Law provides that divorce shall be carried out
only before Court of Law, after Court has endeavoured to
reconcile the parties
• Child Custody and Guardianship
The Future of Islamic Family Law in
Indonesia
• On October 14, 2019 The President of the Republic of Indonesia
has inaugurated Law Number 16 of 2019 concerning Amendments
to Law Number 1 of 1974 concerning Marriage.

• One of these changes is stated in Article 7 paragraph (1) of Law

Number 1 of 1974 concerning Marriage which states that
"Marriage is only permitted if the man reaches the age of 19
(nineteen) years and the woman has reached the age of 16
(sixteen) years”. As for the changes in Law Number 16 of 2019
Concerning Amendments to Law Number 1 of 1974 concerning
Marriage in Article 7 paragraph (1) it states that "Marriage can
only be permitted if a man and a woman have reached the age of
19 (nineteen) years.
• In reforming Islamic family law, Indonesia tends to take the path
compromise between shari'ah and secular law. In addition to
referring to the formulation of classical fiqh books, modern fiqh,
fatwa collections, decisions of religious courts (jurisprudence),
interviews were also carried out with all Indonesian scholars.
• As there is renewal on marriage law, the future of Islamic law will
brighter than before. Nowadays, not only marriage matters has
been constituted, but also religious court, grants (waqaf), and
perhaps more matters will be too.
THANK YOU