This article discusses a debate within the formulation of Islamic Family Law in Indonesia, especially the various figures behind. Involving in that case is how far the practice of law negotiation implemented to respond unsatisfied groups over the formulation offered within the formal legislation (UU Marriage Number.
1/1974 and Islamic Law Compilation [KHI]) or non-formal (Counter Legal Draft [CLD]-KHI and Laws Draft [RUU]-HMPA). A history noted that Islamic Family Law was featured with discourses and the dynamic of that development. These features were not coming from an empty space, but through a long discussion.
The point of debate was divided into two aspects, theoretical and practical. Both of them were having different interest and as a representation of their own group. Authority‘s contestation has done between the state and Islamic scholars in responding the practice of polygene, interfaith marriage and unregistered marriage. Government‘s need to give a serious punishment for these practices was strongly abandoned by
classical Islamic scholars. A different point of view is also happened between two Islamic organizations in Indonesia, namely Nahdlatul Ulama (NU) and Muhammadiyah. The root of the problem was coming from the different point of views in which NU tends to hold a traditional values and Muhammadiyah tends to hold modern values….
Source: Journal of Islamic Studies and Culture
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