Islamic Family Law Reform and the Protection of Women and Children in Indonesia

Abstract

The reform of Islamic family law in Indonesia has become increasingly important in responding to changing family structures and contemporary challenges affecting women and children. This study examines the protection provided by Indonesian Islamic family law, identifies remaining legal gaps, and develops a maqāṣid al-sharī‘ah-based framework for strengthening legal protection. The study employs normative juridical research using statutory, conceptual, Islamic legal, and maqāṣid al-sharī‘ah approaches. Primary legal materials consist of Indonesian legislation, the Compilation of Islamic Law, and relevant judicial decisions, while secondary materials include scholarly literature on Islamic family law, gender justice, women's rights, child protection, and maqāṣid al-sharī‘ah. The findings indicate that Indonesian Islamic family law has established important protective mechanisms through marriage regulation, divorce procedures, maintenance obligations, child custody, parental responsibilities, and restrictions on child marriage. Several gaps remain in the implementation of these protections, particularly concerning enforcement of economic rights, judicial discretion in marriage dispensation, gendered interpretations of family authority, custody determination, and the consistency of child-centered judicial reasoning. The study demonstrates that maqāṣid al-sharī‘ah can provide a substantive framework for addressing these gaps by integrating protection of life, offspring, intellect, property, human dignity, and justice into family-law interpretation. The study contributes a reform framework that connects Islamic legal principles with contemporary family realities and positions women and children as rights-bearing subjects within a responsive and welfare-oriented Islamic family law system.