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Islamic Family Law Reform in Indonesia

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The emergence of an offer of transformative Islamic law made to replace the Compilation of Islamic Law (KHI) or Fikih Indonesia in the form of the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI), attracted the attention of academics, scholars and Islamic juristsin Indonesia. Many of them are refuse and not infrequently also agree with the offer.The reform is a challenge to present Islamic Shari'ah building that respects to Indonesia with all its national character, culture and progress in democratizing and upholding human rights, including women's rights. There are six basic legal vision, namely pluralism, nationality, human rights enforcement, democratic, maslahat and gender equality. These six principles constitute the framework that animates the entire provisions of Islamic law CLD-KHI version.This article is library research using maqasid syariah perspective Jasser Auda as analysis. This article attempts to answer the question (a) how is the legal istinbat method used in formulating the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI)? (b) how is the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI) seen from the perspective of maqasid shariah Jasser Auda?The results of research indicate that the reformation of Islamic family law offered in CLD-KHI in istinbath method is not contradictory to the concept of maqashid shariah Jasser Auda. However, in the application of CLD-KHI as a substitute for Indonesia’s legal law (KHI) still stalled due to political factors.
Center for Open Science
Title: Islamic Family Law Reform in Indonesia
Description:
The emergence of an offer of transformative Islamic law made to replace the Compilation of Islamic Law (KHI) or Fikih Indonesia in the form of the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI), attracted the attention of academics, scholars and Islamic juristsin Indonesia.
Many of them are refuse and not infrequently also agree with the offer.
The reform is a challenge to present Islamic Shari'ah building that respects to Indonesia with all its national character, culture and progress in democratizing and upholding human rights, including women's rights.
There are six basic legal vision, namely pluralism, nationality, human rights enforcement, democratic, maslahat and gender equality.
These six principles constitute the framework that animates the entire provisions of Islamic law CLD-KHI version.
This article is library research using maqasid syariah perspective Jasser Auda as analysis.
This article attempts to answer the question (a) how is the legal istinbat method used in formulating the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI)? (b) how is the Counter Legal Draft of Compilation of Islamic Law (CLD-KHI) seen from the perspective of maqasid shariah Jasser Auda?The results of research indicate that the reformation of Islamic family law offered in CLD-KHI in istinbath method is not contradictory to the concept of maqashid shariah Jasser Auda.
However, in the application of CLD-KHI as a substitute for Indonesia’s legal law (KHI) still stalled due to political factors.

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