Harmonization of Islamic Family Law and National Law in Resolving Marital Disputes in Indonesia

Abstract

This study examines the harmonization of Islamic family law and national law in resolving marital disputes in Indonesia, aiming to identify sources of legal disharmony and to develop an integrative framework for more consistent judicial outcomes. The research employs a qualitative approach with a socio-legal case study design, chosen to capture both normative structures and practical judicial dynamics within Religious Courts. The study is conducted in Jakarta, West Java, and Yogyakarta, representing diverse socio-legal contexts and judicial practices. A total of fifteen informants, including judges, legal practitioners, and academic experts, are purposively selected based on their expertise and direct involvement in marital dispute resolution, ensuring depth and relevance of data. The findings reveal that despite formal legal integration through statutory law and the Compilation of Islamic Law, inconsistencies persist due to divergent judicial interpretations and limited operational harmonization. The study further finds that the application of maqasid al-shariah enhances adaptive and justice-oriented decisions but remains unsystematic. It is recommended that harmonization be strengthened through standardized interpretative guidelines, judicial training, and the institutionalization of maqasid-based reasoning to improve legal certainty and fairness in resolving marital disputes.