The Transformation of Islamic Family Law in Indonesia: A Socio-Legal Study of Social Change

Abstract

This study aims to examine the transformation of Islamic family law in Indonesia in response to contemporary social dynamics. Using a qualitative method with a socio-legal and historical-normative approach, this study analyzes the interaction between authoritative texts (nash), social context, and modern legal needs in the formation and change of Islamic family law norms. Data was collected through a literature review of legislation, jurisprudence, and fatwas related to issues of marriage, divorce, inheritance, and guardianship. The results of the study identified three main patterns of transformation: substantial adaptation to local and global values, procedural modifications in the judicial system, and contextual reinterpretation of Sharia norms. These transformations are influenced by five main factors: legal pluralism, the direction of national legal policy, the Islamic reform movement, socio-economic dynamics, and responses to the needs of a diverse Muslim community. The implications of these findings suggest that methodological flexibility within the Islamic legal tradition opens space for the development of family law that is contextual, progressive, and grounded in the fundamental principles of Sharia. This research contributes theoretically by providing an analytical framework for understanding the complexity of the transformation of Islamic family law within the framework of the modern nation-state.