Eclecticism and Non-Systematic Approaches in the Transformation of Indonesian Islamic Marriage Law

Abstract

This article analyzes the transformation of Islamic marriage law in Indonesia by highlighting the characteristics of legal eclecticism and the non-systematic approach in its formation and implementation. The study employs a socio-normative approach, which views law as a normative system and a social reality within Indonesian society. Data were obtained from primary legal materials such as the Compilation of Islamic Law (KHI) and Law on Marriage, as well as secondary materials including scholarly research and contemporary literature on Islamic law. The findings reveal that Islamic marriage law in Indonesia is eclectic, combining various fiqh traditions with principles of modern national law. This is evident in the regulation of marriage guardianship (wali) that merges Syafi'i and Hanafi views, child custody (hadhanah) that balances parental rights, and the regulation of polygamy and divorce through the courts, which integrates classical fiqh norms with modern notions of justice. Meanwhile, the practice of religious courts demonstrates a non-systematic approach, as judges interpret the law contextually by referring to other statutes such as the Child Protection Law, Law on Human Rights, and the Law on the Elimination of Domestic Violence. This cross-system approach illustrates that Indonesian Islamic law is open, adaptive, and progressive, capable of bridging religious values, national law, and social justice.