Harmonization of Islamic Family Law and National Civil Law in the Resolution of Marital Disputes

Abstract

This study examines the harmonization between Islamic family law and national civil law in the resolution of marital disputes and explores its implications for legal certainty and substantive justice. Using a qualitative approach with an empirical juridical research design, the study analyzes law both as a normative framework and as it is applied in judicial practice and experienced by litigants. A descriptive-analytical design is employed to depict marital dispute resolution practices and to interpret them within the theoretical perspectives of legal pluralism, Islamic family law, and modern civil law. The research was conducted in selected religious courts and general courts in Indonesia with a high volume of marital cases, ensuring the representativeness of legal practices and data availability. The informants comprised eight participants, including religious court judges, general court judges, advocates, and litigants with prior litigation experience, selected purposively based on their direct involvement and substantive knowledge of the research focus. The findings indicate that legal harmonization has begun to emerge through the alignment of evidentiary standards and the strengthening of mediation mechanisms, although such harmonization has not yet been fully institutionalized. This study recommends the development of integrated inter-court guidelines, the institutional strengthening of mediation, and enhanced coordination and capacity-building among legal professionals to promote greater consistency and substantive justice in marital dispute resolution.