Abstract
Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.
Highlights
Change is a natural law so that in this world basically nothing is permanent and eternal, everything changes
This study aims to examine; (1) models of understanding, practice, reform and transformation practiced in Indonesia; (2) the impact of reform and transformation on standard classical fiqh books which are used as references in the Religious Courts in Indonesia and (3) the impact of reform and transformation on the independence of judges in exploring Islamic law
Islamic laws that are more contextual to Indonesian conditions? In other words, will reform and transformation make religious judges at the Religious Courts no longer carry out legal reform? The results of this study indicate that the judges at the Religious Courts are still making reforms through the jurispudence they issue
Summary
Change is a natural law so that in this world basically nothing is permanent and eternal, everything changes. The Prophet Muhammad SAW realized these developments and changes from the beginning. He encourages the judges to perform ijtihad (individual reasoning) and predicts that in every century there will always be reformers of their religion (Abu Daud, juz II, tt: 240). It is understood if in Islamic law there are rules for changing laws to occur due to changes in time and space (taghayyurul ahkam bi al-taghayyuril azminah wa al-amkinah). In order for this change not to run wild and remain under control, the scholars have formulated a number of principles, rules and objectives of Islamic law itself, so that the change does not deviate from the goals to be achieved by Islamic law
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