The Reform of Muslim Women's Rights in the Marriage Law of Indonesia and Malaysia

Abstract

The phenomenon of family law reform in the Islamic world which was driven by the Ottoman Empire in 1917 has inspired various Muslim-majority countries around the world, including Indonesia and Malaysia, to reform Islamic family law so that it is always in line with the situation and conditions of Muslims in each country. One of the main issues of family law reform in the Islamic world is concerning women's rights in Islamic marriage law. This study shows that Indonesian and Malaysian marriage law has given Muslim women in both countries a more equal position with men, as well as various rights that were never accepted by Muslim women in the classical period as contained in the traditional fiqh books. However, if it is viewed from the perspective of human rights and gender equality, the marriage laws of Indonesia and Malaysia have not fully provided protection for the upholding of a just law for women in the country. Three important things must be done: first, change the perspective of Muslims that the contextualization of Islamic family law for the benefit of the ummah is not contrary to Islamic law but in line with the objectives of Islamic law (maqashid syarah). Second, the importance of accelerating changes in KHI status from mere Presidential Instruction to the Law on material for Religious Courts. Third, the need to revise the substance of the material for a fair and democratic Marriage Law based on Islamic teachings that prioritize human values.

Keywords: Reform, Family Law, Indonesia, Malaysia

DOI: 10.7176/JLPG/82-15