Patriarchy and Islamic Family Law in Indonesia: A Socio-Legal and Hermeneutical Analysis of Injustice

Abstract

Islamic family law in Indonesia has developed through the interaction of Islamic legal traditions, state regulation, and social practices. Despite legal reforms through Law No. 16 of 2019 concerning Marriage and the Compilation of Islamic Law (KHI) No. 1 of 1991, several legal constructions continue to reflect patriarchal assumptions that may affect the position of women in marriage and family relations. This study employs a normative/doctrinal legal research method supported by literature-based analysis, examining relevant provisions of Indonesian marriage law, the KHI, QS An-Nisa' (4):34, and scholarly literature on Islamic family law, patriarchy, gender equality, and feminist hermeneutics. The analysis applies statutory, conceptual, and feminist hermeneutical approaches to examine the construction of marital roles, qiwāmah, ta'ah and nusyūz, divorce, and marriage guardianship. The study finds that patriarchal assumptions remain visible in several normative constructions and conventional interpretations of Islamic family law, particularly in the positioning of the husband as the head of the family, the asymmetrical construction of divorce rights, and the requirement of male guardianship in marriage. The literature further indicates that such constructions may be reinforced through social and judicial interpretations, although these observations derive from secondary studies rather than original empirical data collected in this research. The study argues that the reconstruction of Islamic family law should not be limited to legislative reform but should also involve contextual reinterpretation of Islamic legal texts through principles of justice, gender equality, mutuality (mubādalah), human dignity, non-harm (lā dharar), and maqāṣid al-syarī'ah. Such an approach provides a normative basis for developing Islamic family law that is more just, humane, and responsive to contemporary social conditions.