ASEAN Journal of Islamic Studies and Civilization (AJISC)

Reforming Islamic Family Law in Southeast Asia: A Comparative Study of Indonesia, Malaysia, and Brunei Darussalam

2025-09-03T11:37:04+00:00

This study examines the reform of Islamic family law in Southeast Asia through a comparative analysis of Indonesia, Malaysia, and Brunei Darussalam. The research addresses the gap between traditional interpretations of Islamic law—often marked by gender bias—and contemporary demands for justice and human rights. The main objective is to explore the dynamics of reform, the driving and inhibiting factors, and the socio-legal implications of changes in family law, particularly concerning marriage, divorce, inheritance, and women’s rights. The study employs a comparative legal analysis based on primary sources (statutes, court decisions, fatwas) and secondary literature, guided by the frameworks of Maqāṣid al-sharī‘ah and gender justice theory. Findings reveal that Indonesia demonstrates a progressive and decentralized reform trajectory with strong civil society involvement; Malaysia presents a complex dualism between Shari‘ah and civil courts; while Brunei enforces a more centralized Shari‘ah system under state authority. The implications highlight the need for collaboration among state institutions, religious authorities, and civil society to achieve gender-just, contextually relevant, and ethically grounded reforms in Islamic family law. This study contributes to the scholarly discourse on Islamic law in Southeast Asia and provides policy recommendations for strengthening justice and protection of Muslim families.

Religious Moderation and the Development of Multicultural Societies in Indonesia: A Normative-Islamic Legal Study

2025-09-03T11:43:07+00:00

This study investigates the conceptualization and practical application of religious moderation within Indonesia's multicultural society, specifically through a normative-Islamic legal lens. Drawing upon primary Islamic legal sources (Qur’an, Hadith, classical fiqh) and contemporary Indonesian Islamic legal thought (Kompilasi Hukum Islam, ulama fatwas), alongside national legal frameworks (Pancasila), this research addresses the critical gap in existing literature, which predominantly focuses on sociological or educational perspectives. The analysis demonstrates that Islamic legal principles inherently support religious moderation, rooted in the Qur'anic concept of Ummatan Wasaṭan and the Prophetic tradition of coexistence as exemplified by the Medina Charter. While the Kompilasi Hukum Islam presents certain textual limitations, judicial interpretations and the contributions of major Islamic organizations like Nahdlatul Ulama (NU), Muhammadiyah, and Majelis Ulama Indonesia (MUI) actively adapt Islamic law to foster social harmony and inclusive citizenship (fiqh al-muwāṭanah). Despite challenges such as the politicization of religion and digital intolerance, opportunities exist in education, law enforcement, and interfaith cooperation to institutionalize moderation. This study concludes that religious moderation is not merely a theological ideal but a legally and institutionally grounded imperative that significantly strengthens fiqh al-muwāṭanah in Indonesia, aligning Islamic law with democratic multiculturalism.

The Dynamic Interplay: A Normative-Philosophical Study of Islam and Local Wisdom in Indonesia

2025-09-05T13:15:51+00:00

This study explores the normative-philosophical interaction between Islam and local wisdom in Indonesia through a normative literature approach. By examining maqāṣid al-sharī‘ah, maslahah mursalah, ‘urf, and social fiqh, it highlights how Islamic law adapts to Minangkabau, Banjar, and Bugis-Makassar customs. The findings reveal that Islam Nusantara emerges as a dialectical synthesis of sharia texts and local culture, emphasizing moderation, tolerance, and social sustainability. Examples include the Minangkabau’s reconciliation of matrilineal inheritance through the distinction of ancestral and acquired property, the Banjar’s jujuran and barambangan traditions, and the Bugis-Makassar concepts of siri’ and pangaderreng. These cases demonstrate the flexibility of Islamic law in upholding maslahah. The study implies that Indonesia’s experience offers a global model for integrating Islamic law with culture while preserving core sharia principles, and provides strategies to address challenges such as radicalism, globalization, and the erosion of local identity

The Interaction between Islam and Local Wisdom in Indonesia: A Normative-Philosophical Study

2025-09-06T06:00:50+00:00

This study explores the dynamic interaction between Islam and local wisdom in Indonesia from a normative-philosophical perspective. Its aim is to examine how Islamic legal philosophy, particularly through the frameworks of maqāṣid al-sharī‘ah, ‘urf, and maṣlaḥah mursalah, accommodates and reforms diverse customary practices without contradicting Sharī‘ah principles. Employing a library research method, the study analyzes classical fiqh and usūl al-fiqh texts, the work of Nusantara scholars such as Sabilal Muhtadin, and modern literature on Banjar, Minangkabau, and Bugis-Makassar traditions. The findings demonstrate that Islamic law in Indonesia is flexible and adaptive, integrating traditions such as jujuran, matrilineal inheritance, and siri’ with Islamic values through the principles of ‘urf sahih and maṣlaḥah. The study implies that Islam Nusantara represents a philosophical synthesis promoting moderation, tolerance, and inclusivity, offering a valuable model for other plural Muslim societies in balancing Islamic universality with local cultural particularism.

Peacebuilding and Humanitarian Crises: The Role of Islamic Humanitarianism in Indonesia’s Conflict Resolution and Disaster Response

2025-09-06T23:23:04+00:00

This study explores the role of Islamic humanitarianism in addressing humanitarian crises and advancing peacebuilding in Indonesia. The research is grounded in the country’s vulnerability to natural disasters and communal conflicts, as well as the significance of Islamic values in navigating these challenges. The identified research gap lies in the limited scholarly integration of the ethical framework of maqāṣid al-sharīʿah with contemporary theories of peacebuilding and resilience. Employing a qualitative method based on literature review and case studies (Aceh, Ambon, Poso, Lombok, and Palu), the study examines the contributions of Islamic organizations such as Muhammadiyah, Nahdlatul Ulama, and Islamic Relief in bridging humanitarian action with social reconciliation. The findings reveal that Islamic humanitarianism in Indonesia goes beyond emergency relief, emphasizing community resilience, social reconstruction, and institutionalized partnerships with state and global actors. These results imply that the Indonesian model offers a valuable blueprint for integrating religious values with sustainable humanitarian response and peacebuilding strategies.