Al-Istinbath
Jurnal Hukum Islam

Vol. 10. No. 2, 2025, 631-649
P-ISSN: 2548-3374 (p), 25483382 (e)
http://journal.iaincurup.ac.id/index.php/alistinbath

Marriage Law Reform in Indonesia A Maqasid al-usrah
Perspective on Legal Adaptation
Busriyanti1, Pujiono2, Mursalim3, Umar Chamdan4
Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember, Indonesia1,2,3
University of Vienna, Austria4

Corresponding Author : busriyanti@uinkhas.ac.id
DOI: 10.29240/jhi.v10i2.12739
Received: 17-03-2025
Revised: 01-07-2025
Cite this article:

Accepted: 12-08-2025

Busriyanti, Pujiono, Mursalim, Umar Chamdan (2025) Fitnah in the Digital
Age: Regulating Social Media Misuse Through Islamic Criminal Principles,
Approach. Al-Istinbath : Jurnal Hukum Islam, 10 (2), 2025, 631-649.
Doi : 10.29240/jhi.v10i2.12739

Abstract
This study explores the reform of Indonesian marriage law through
the lens of maqasid al-usrah, the family-centered objectives within
Islamic legal theory. It critically assesses whether key legal reforms
such as marriage registration, minimum age requirements, regulation
of divorce, and prenuptial asset arrangements align with the ethical
aims of Islamic family law, including the protection of lineage,
dignity, justice, and family welfare. Employing a qualitative library
research method, the paper draws on classical Islamic jurisprudence,
statutory legal documents, court practices, and the analytical
framework of Jamaluddin al-Athiyya. It finds that while Indonesian
legislation increasingly incorporates maslahah (public benefit) and
maqasid reasoning to justify reforms, the implementation often falls
short due to bureaucratic barriers, legal pluralism, and social
inequality. For instance, minimum age laws are undermined by
widespread judicial dispensations, and formal protections for women
are diluted by enduring patriarchal norms and unequal access to
justice. The study argues that maqasid al-usrah has been invoked more
as a justificatory narrative than as a fully operational legal method. It
concludes that meaningful application of maqasid requires not only
legal reform but also structural, procedural, and cultural
Copyright © 2025 Busriyanti, et.all
This work is licensed under a Creative Commons Attribution-Non Commercial-ShareAlike 4.0
International License

632 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

transformation to ensure that laws genuinely promote justice, protect
the vulnerable, and reflect the dynamic needs of Indonesian Muslim
society. This research contributes to the growing discourse on
maqasid-based legal reform and offers a practical framework for
evaluating future policy developments in Islamic family law.
Keywords: Maqasid Al-Usrah, Marriage Law, Reform
Introduction
Marriage, as both a legal and spiritual institution, occupies a pivotal place
in the social and religious life of Indonesian Muslims. It is not merely a means to
legalize the relationship between men and women but is considered a sacred
covenant (mithaq ghalizh) that reflects divine command and spiritual responsibility.
In Islamic theology, marriage is a form of worship and a social contract aimed at
preserving lineage, promoting emotional harmony, and ensuring the welfare of
society. These values are deeply rooted in the religious worldview of Indonesian
Muslim communities, which continue to shape the discourse and practices
surrounding family law.
However, the regulation of marriage in Indonesia is not solely guided by
religious doctrine. Since the early post-independence period, the Indonesian state
has taken an active role in institutionalizing marriage law through national
legislation. The enactment of Law No. 1 of 1974 on Marriage was a historic
turning point. It represented a formal effort to unify diverse legal practices under
a single framework applicable to all Indonesian citizens, regardless of religion or
ethnicity.1 The law aimed to eliminate harmful practices such as child marriage,
arbitrary divorce, and unregulated polygamy issues that had long been criticized
by reformist figures such as R.A. Kartini and Rohana Kudus for their negative
impact on women and children.
The legal codification of Islamic family law progressed further with the
issuance of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) in
1991. While not a formal statute, the KHI serves as a semi-authoritative guideline
for religious courts in adjudicating matters such as marriage, divorce, inheritance,
and endowments among Muslims.2 Together, these texts form the legal backbone
1 See Law No. 1 of 1974 on Marriage (Undang-Undang Nomor 1 Tahun 1974 Tentang

Perkawinan), State Gazette No. 1 of 1974.
2 See Compilation of Islamic Law (Kompilasi Hukum Islam, KHI), Presidential
Instruction No. 1 of 1991.

Busriyanti : Marriage Law Reform in Indonesia ….| 633
of Indonesia’s contemporary Islamic family law regime. Yet, despite their
progressive intentions, many legal scholars and practitioners argue that these
frameworks remain insufficient in addressing the growing complexity of modern
family life particularly concerning the lived experiences of women and the legal
challenges arising from rapid social transformation.
This legal inadequacy becomes more apparent when viewed in light of
current statistical trends. According to Statistics Indonesia (BPS), Indonesia
recorded that approximately 12.5 % of women aged 20 - 24 had been married
before 18 in 2022, despite the legal minimum marriage age being raised to 19. 3
The Religious Courts (Pengadilan Agama) handled approximately 516,344
divorce cases in 2022, with the number decreasing by 10.2 % to 463,654 cases in
2023, according to the Ministry of Religious Affairs - highlighting the scale of
marital dissolution and raising concerns about systemic vulnerabilities in
marriage.4 Additionally, reports from Komnas Perempuan indicate nearly 4,779
divorce filings related to domestic violence (KDRT) in 2022, underscoring
systemic gendered inequities.5 Meanwhile, data from BKKBN and civil society
sources show a persistent rise in unregistered (nikah siri) marriages and polygamy
conducted outside the legal framework, often circumventing statutory
requirements.6 These indicators point to a persistent gap between normative legal
frameworks and on-the-ground social realities raising urgent questions about the
efficacy of current regulatory mechanisms.
This growing discrepancy reflects a broader academic anxiety; that
existing state-sanctioned regulations though inspired by Islamic principles often
fail to accommodate the structural and socio-cultural complexities of
contemporary Muslim family life in Indonesia. These anxieties; gaps between legal
idealism and social reality has fueled scholarly interest in the application of maqasid
al-shariah (the higher objectives of Islamic law) as an alternative paradigm for legal
reform. Originating from classical Islamic jurisprudence, maqasid al-shariah refers
3 See BPS - Statistics Indonesia, Proportion of Women Aged 20 - 24 Years Who Were Married

or in a Union Before 18 Years Old by Province (Badan Pusat Statistik Indonesia, 2024).
4 Kementerian Agama RI, Angka Cerai Turun 10% Di 2023, Kemenag Dorong Peran KUA
Jaga Ketahanan Keluarga, 2024, https://kemenag.go.id/nasional/angka-cerai-turun-10-di-2023kemenag-dorong-peran-kua-jaga-ketahanan-keluarga-rgQBT.
5 Komnas Perempuan, Catatan Tahunan (CATAHU) 2023: Kekerasan Terhadap Perempuan
Tahun 2022 (Komnas Perempuan, 2023).
6
See Girls Not Brides, “Child Marriage in Indonesia,” 2016,
https://www.girlsnotbrides.org/documents/1080/UNICEF-Indonesia-Child-MarriageFactsheet-1-1.pdf.

634 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

to the overarching goals that Islamic law seeks to achieve, as follows the
protection of religion (din), life (nafs), intellect (‘aql), lineage (nasl), and wealth (mal).
Within this broad framework, a more specialized discourse has emerged around
maqasid al-usrah the objectives specific to family law. These include safeguarding
marital harmony, ensuring the protection of spouses and children, preserving
lineage, promoting mutual rights and responsibilities, and enhancing family
welfare as a unit of societal stability.
Maslahah (public benefit), a foundational concept within the maqasid
tradition, further empowers jurists and legislators to prioritize societal welfare in
formulating legal norms, even if doing so requires reinterpretation or departure
from classical fiqh positions. This principle has proven particularly relevant in
addressing contemporary challenges in Islamic family law. For example, age
restrictions for marriage, mandatory registration, court-sanctioned divorce, and
prenuptial financial arrangements are all relatively modern provisions that were
not strictly regulated in classical jurisprudence but are justified in Indonesia based
on maslahah reasoning.
Scholars such as Suadi7, Mukhlis8, Yunanto9, and Bunyamin10 have traced
the historical development of marriage law in Indonesia and acknowledged the
influence of maslahah in shaping legal outcomes. However, much of this literature
remains primarily descriptive, focusing on institutional shifts or doctrinal analysis
without offering a critical evaluation of whether these reforms truly embody the
maqasid al-usrah in practice. Moreover, case-specific studies on the application of
maqasid principles such as those by Nurcholis11, Sifa12, and Binarsa & Nasution13
7 Ahmad Suadi, “Perkembangan Hukum Perdata Islam Di Indonesia (Aspek Perkawinan
Dan Kewarisan),” Jurnal Yuridis 2, no. 1 (2015): 15, https://doi.org/10.35586/.v2i1.155.
8 Mukhlis, “Pembaharuan Hukum Perkawinan Di Indonesia,” Adliya: Jurnal Hukum Dan
Kemanusiaan 11, no. 1 (2019): 59, http://dx.doi.org/10.15575/adliya.v11i1.4852.
9 Yunanto, “Pembaharuan Hukum Perkawinan Indonesia,” Diponegoro Private Law Review
2, no. 2 (2018): 262, https://ejournal2.undip.ac.id/index.php/dplr/article/view/3828.
10 Mahmudin Bunyamin, “Penerapan Konsep Maslahat Dalam Perkawinan Di Indonesia
Dan Yordania” (Disertasi, Universitas Islam Negeri Raden Intan, 2019),
https://repository.radenintan.ac.id/5536/.
11 Moch. Nurcholis, “Penyamaan Batas Usia Perkawinan Pria Dan Wanita Perspektif
Maqasid Al-Usrah (Analisis Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017),”
Mahakim:
Journal
of
Islamic
Family
Law
3,
no.
1
(2019):
5,
http://dx.doi.org/10.30762/mh.v3i1.1328.
12 Melyana Sifa, “Perspektif Maqasid al Usroh Terhadap Praktik Poligami Di Bulak
Banteng Wetan Kecamatan Kenjeran Surabaya” (Skripsi, Universitas Islam Negeri Sunan Ampel,
2019), 54, http://digilib.uinsa.ac.id/35003/.
13 Binarsa and Khoiruddin Nasution, “Penerapan Kompilasi Hukum Islam Pasal 53
Tentang Kawin Hamil Dan Tajdid Al-Nikah Di Kecamatan Mlati Dalam Tinjauan Maqasid

Busriyanti : Marriage Law Reform in Indonesia ….| 635
offer insightful snapshots but fall short of articulating a comprehensive
framework for assessing the alignment between Islamic legal objectives and stateenforced regulations.
This paper seeks to address this scholarly gap by systematically analyzing
how maqasid al-usrah principles have been interpreted, integrated, and sometimes
contested in the formulation and implementation of Indonesian marriage law.
Rather than treating maqasid and maslahah as theoretical ideals or rhetorical
justifications, this study positions them as practical analytical tools to evaluate
specific legal reforms. Key areas of focus include: (1) the legal requirement of
marriage registration, (2) the equalization and enforcement of minimum marriage
age, (3) the role of prenuptial agreements in asset management and gender equity,
and (4) the institutionalization of divorce through religious courts.
By evaluating these provisions through the lens of maqasid al-usrah, this
study investigates the extent to which Indonesian marriage law has succeeded in
protecting family integrity, promoting justice, and accommodating modern
societal needs. It further examines whether these reforms represent a coherent
application of Islamic legal objectives or whether they reflect a pragmatic
compromise between religious norms and legislative policy. In doing so, the paper
not only contributes to the growing discourse on maqasid-based legal reform but
also aims to inform future policy and jurisprudential development in the field of
family law.
Methodologically, this study adopts a qualitative library research
approach, drawing from classical Islamic texts, statutory legal materials, court
decisions, and scholarly commentaries. Special attention is given to the
framework developed by Jamaluddin al-Athiyya, whose elaboration of maqasid alusrah provides a structured basis for evaluating legal norms in family matters.
Jamaluddin al-Athiyya’s formulation of maqasid al-usrah offers a specialized ethical
framework within the broader maqasid al-shari’ah paradigm, emphasizing the
family not just as a social unit but as a central axis of legal and moral concern in
Islamic jurisprudence. He outlines seven key objectives: regulating gender
relations to ensure fairness between spouses; preserving offspring and protecting
children’s rights through legal clarity and secure family formation; realizing the
Qur’anic ideals of tranquility, love, and mercy within marital life; maintaining clear
lineage through official documentation and registration; integrating religious
Syariah,”
Millah:
Journal
of
Religious
https://doi.org/10.20885/millah.vol20.iss2.art6.

Studies

20,

no.

2

(2021):

330,

636 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

values in family life while respecting individual freedoms; defining family roles
and responsibilities to promote order and justice; and managing the family’s
economic obligations to ensure financial fairness through enforceable rights to
mahar, nafkah, and inheritance.
Unlike the classical maqasid which tend to be general, al-Athiyya’s
formulation addresses the concrete legal, social, and ethical challenges facing
modern Muslim families. His approach insists that the true success of legal reform
lies not in the formal adoption of rules but in achieving outcomes that uphold
dignity (‘ird), lineage (nasl), and welfare (maslahah), especially for women and
children. In the Indonesian context, this framework provides a critical evaluative
lens to examine whether marriage law reforms such as minimum age laws,
marriage registration, and divorce procedures not only reflect Islamic values
rhetorically but also substantively fulfill the ethical goals envisioned by maqasid alusrah. This integrative methodology aims to offer both a normative and critical
assessment of how well Indonesian marriage law aligns with the ethical and
functional aspirations of Islamic legal philosophy.
Discussion
This section presents a critical evaluation of the reform of Indonesian
marriage law through the lens of maqasid al-usrah, a framework derived from the
higher objectives of Islamic law (maqasid al-shari’ah) with a specific focus on family
welfare. The discussion is structured into three interrelated parts. First, it outlines
the development of Islamic marriage law in Indonesia, tracing its historical,
political, and socio-cultural trajectory to understand how reform efforts have
emerged in response to shifting societal needs. Second, it introduces maqasid alusrah as a conceptual and methodological approach, particularly through the
framework developed by Jamaluddin al-Athiyya, and explains how this framework
can serve as a critical lens for evaluating the normative goals of family law. Third,
it offers a more applied analysis by examining the implementation of maqasid alusrah in key areas of Indonesian marriage law, assessing the extent to which these
legal reforms fulfill their ethical and protective aims in practice. Each part builds
upon the previous to provide a comprehensive and normative assessment of
Indonesia’s marriage law in light of Islamic legal philosophy and contemporary
family realities.

Busriyanti : Marriage Law Reform in Indonesia ….| 637
1. The Development of Marriage Law for Muslims in Indonesia
The development of marriage law in Indonesia must be understood
within the broader context of social change, where law evolves in response to
shifting social, cultural, and political dynamics. Classical sociologists like Max
Weber and Emile Durkheim have argued that law reflects the solidarity and values
of the society in which it develops. Such theories are not merely abstract
observations but provide a useful lens for understanding why Indonesian
marriage law has continually been the subject of reform: to maintain social
cohesion in a rapidly changing, pluralistic nation.14
However, these sociological insights must be critically integrated with the
Islamic legal tradition rather than simply juxtaposed. In Islamic jurisprudence,
change is also recognized as necessary because textual sources are finite, while
societal problems are potentially infinite. As Ibn Rushd famously observed in
Bidayat al-Mujtahid, the finite nature of the nusus (Qur’an and Hadith) means that
they cannot directly address every new legal case or social development, thereby
necessitating the use of ijtihad and broader legal reasoning.15 This
acknowledgment provides the intellectual basis within Islamic law for adaptive
reasoning through ijtihad, maslahah, and ultimately maqasid al-shariah including the
specific objectives related to family welfare known as maqasid al-usrah.
This dynamic has been central to Indonesia’s own legal reforms. The
enactment of Law No. 1 of 1974 on Marriage was not merely an administrative
unification of diverse marriage practices; it represented a deliberate state-led
project to reform family law in line with principles of justice, order, and
modernization. While Article 66 of the law formally abolished the fragmented
colonial and religious ordinances it replaced, the process was politically
contentious, as it had to balance religious authority, women’s rights movements,
and the state’s nation-building agenda.16 The resulting compromise, while
unifying in form, remained contested in content and practice.
Further developments, such as the 1991 Compilation of Islamic Law
(KHI), reveal continued attempts to harmonize Islamic norms with national legal
standards. Yet critiques of these efforts point out that they often remain
Max Weber, Economy and Society (University of California Press, 1978); Emile
Durkheim, The Division of Labor in Society, trans. W. D. Halls (Free Press, 1984).
15 Ibn Rushd, Bidayat Al-Mujtahid Wa Nihayat al-Muqtashid (Dar al-Kutub al-’Arabiyyah,
2005).
16 See Indonesia, Law No. 1 of 1974 on Marriage, Art. 66.
14

638 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

normative and doctrinally rigid, struggling to respond to increasingly complex
issues such as gender justice, child protection, and pluralism in belief and practice.
In this context, Islamic legal reform in Indonesia is often described
through terms like tajdid (renewal), ishlah (improvement), and reform itself a
borrowing from Western legal discourse. But these terms are not merely
synonyms. Tajdid implies reviving the core spirit of Islamic teachings to meet
contemporary needs, while ishlah focuses on correcting specific injustices or
shortcomings. Reform in the Indonesian context signals both an adaptation to
modern governance expectations and an effort to assert Islamic law’s continued
relevance. However, these concepts require careful application to avoid
superficial or purely formalistic changes.
Scholar Tahir Mahmood has identified multiple dimensions of family law
that have undergone reform in Muslim societies, such as regulating minimum
marriage age, restricting polygamy, enforcing marriage registration, and ensuring
rights after divorce.17 Rather than listing these reforms as discrete items, it is more
instructive to see them as collective strategies to protect vulnerable family
members and adapt classical fiqh to contemporary notions of justice. In Indonesia,
such reforms have been justified through appeals to maslahah, yet the critical
question remains: do these reforms genuinely achieve the welfare aims of maqasid
al-usrah, or do they simply serve administrative efficiency while leaving deeper
social inequalities intact.
This section therefore argues that understanding the development of
marriage law in Indonesia requires moving beyond descriptive summaries toward
a critical evaluation of how Islamic legal principles interact with societal change.
It calls for examining not only the formal legal texts but also the interpretive
strategies, institutional negotiations, and social pressures that shape the meaning
and implementation of family law in practice.
2. Maqasid al-usrah as an Approach Method in Family Law Reform in
Indonesia
The concept of maqasid al-shariah, or the higher objectives of Islamic law,
is not simply a set of static categories but a dynamic framework for ethical legal
reasoning. Classically, these objectives are grouped into daruriyat (essentials),
hajiyat (needs), and tahsiniyat (complementary values), with the five essential
protections being religion (din), life (nafs), intellect (‘aql), lineage (nasl), and wealth
17 Tahir Mahmood, Personal Law in Islamic Countries (Academy of Law and Religion, 1987).

Busriyanti : Marriage Law Reform in Indonesia ….| 639
(mal).18 This framework exists precisely because Islamic jurisprudence recognizes
the limits of textual literalism in addressing evolving social realities a point
famously made by Ibn Rushd, who acknowledged the finite nature of scriptural
texts against the infinite variety of human circumstances.19
Modern scholars like Ibn Ashur and Jamal al-Din Atiyyah have advanced
this tradition by developing maqasid al-usrah as a specific lens for family law.20 Far
from being an abstract theory, maqasid al-usrah addresses practical legal challenges
such as marriage age, divorce regulation, and gender equality issues central to
Indonesia’s own debates over marriage law reform. Yet while Indonesia has
formally legislated some reforms for example, raising the minimum marriage age
and mandating marriage registration the deeper question remains whether these
laws effectively realize the maqasid of family welfare, dignity, and justice.
In Qur’anic vision, marriage is framed as a source of tranquility (sakinah),
love (mawaddah), and mercy (rahmah): “And among His signs is that He created for
you from yourselves mates that you may find tranquility in them, and He placed
between you affection and mercy”.21 Persistent practices of child marriage often
justified by poverty or local custom undermine the maqasid aim of protecting nasl
(lineage) and ‘ird (dignity). While statutory reforms now require a minimum age
of 19, dispensation practices and weak enforcement reveal the limits of merely
formal legal change. A genuine maqasid-oriented approach demands that law
address not only age thresholds but also the social and economic drivers of early
marriage.
At the same time, recent phenomena such as child-free marriages illustrate
another dimension of tension within hifz al-nasl. While classical fiqh and maqasid alusrah emphasize lineage preservation, many contemporary couples choose to
prioritize happiness and the avoidance of family dysfunction over procreation. As
Harahap et al. note, ‘Couples’ decisions to marry without having children are
based on a desire to achieve happiness and well-being throughout their life with
their partner, as well as avoiding the creation of a toxic family’.22 This
18 Ahmad al-Raysuni, Imam Al-Shatibi’s Theory of the Higher Objectives and Intents of Islamic
Law (International Institute of Islamic Thought (IIIT), 2005).
19 Rushd, Bidayat Al-Mujtahid Wa Nihayat al-Muqtashid.
20 Muhammad Tahir Ibn ‘Ashur, Maqasid Al-Shariah al-Islamiyyah (Dar al-Nafais, 2001).
21 Qur’an 30:21.
22 Ikhwanuddin Harahap et al., “Understanding the Rise of Childfree Marriage: Avoiding
Toxic Family, Being Happy and Well Without Children Despite Contradiction With Maqashid alSharia,”
Al-Istinbath:
Jurnal
Hukum
Islam
10,
no.
1
(2025),
https://doi.org/10.29240/jhi.v10i1.9984.

640 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

development highlights the need for maqasid reasoning to engage not only with
traditional concerns like child marriage but also with emerging marital trends that
redefine the meaning of family welfare.
Similarly, the Prophet Muhammad emphasized the ethical foundation of
marriage: “O young people, whoever among you has the ability, let him marry,
for it helps lower the gaze and guard one’s modesty”.23 This hadith is not simply
a call to marry but to establish marriage as a means of personal and social moral
protection. Yet issues like domestic violence, lack of spousal consent, and
unregistered unions challenge whether Indonesian marriage law is adequately
safeguarding these values. The Qur’anic command: “Live with them in
kindness”24 serves as a normative principle for laws addressing spousal abuse and
gendered power imbalances, requiring legal systems to go beyond formal equality
and ensure substantive protection.
Atiyyah’s elaboration of maqasid al-usrah identifies seven core objectives
that offer a critical framework for evaluating Indonesian marriage law reform.
First, regulating gender relations is not merely about formal equality but ensuring
a genuine balance of rights and obligations.25 In Indonesia, this objective
challenges the social norms that often undermine legal protections for women,
such as the permissibility of polygamy under certain conditions or the lack of
effective spousal consent mechanisms. Reform efforts must strengthen
safeguards against exploitation and ensure that laws meaningfully protect
women’s agency and dignity.
After that, the preservation of lineage and offspring (hifz al-nasl) demands
a legal system that secures legitimate, protected, and planned family formation.26
Unregistered marriages, still common in many regions, threaten this goal by
denying children legal recognition and social security. Effective reform here
requires not only mandatory marriage registration but also accessible, affordable
procedures and community education to reduce barriers for marginalized
populations. Then, realizing tranquility, love, and mercy within family life is not
simply an aspirational ideal but a legal objective.27 Indonesian marriage law must
address the prevalence of domestic violence, enforce maintenance obligations,
23 Al-Bukhari and Muslim (Muttafaq ‘Alaih) in Ibn Hajar Al-Asqalani, Bulugh Al-Maram
Min Adillati al-Ahkam (Dar al-Falak, 1424).
24 Qur’an 4:19.
25 Jamaluddin `Atiyyah, Naḥwa Taf`il Maqasid Asy-Syari`a (Dar al-Fikr, 2003), 149.
26 `Atiyyah, Naḥwa Taf`il Maqasid Asy-Syari`a, 149.
27 `Atiyyah, Naḥwa Taf`il Maqasid Asy-Syari`a, 149.

Busriyanti : Marriage Law Reform in Indonesia ….| 641
and support accessible counseling services to ensure families fulfill the Qur’anic
vision of sakinah, mawaddah, and rahmah.28 Without structural support, these values
risk being reduced to rhetoric with little impact on vulnerable families.
Next, preserving the clarity of lineage (hifz al-nasab) requires robust legal
procedures for documentation and validation of marriages.29 Unregistered unions
and unclear parentage undermine children’s rights to inheritance, social identity,
and familial protection. Reforms such as itsbat nikah procedures in religious courts
must be made more efficient, transparent, and equitable, particularly for rural and
poor communities. Moreover, maintaining religious values in family life must
balance encouraging religious commitment with protecting individual rights.30
While the Prophet advised prioritizing religion when selecting a spouse Marry the
religious one and you will prosper31 Indonesian law must also uphold
constitutional guarantees of religious freedom and prevent coercive or
discriminatory practices. This tension requires nuanced legal drafting and
sensitive judicial interpretation.
Furthermore, regulating the institutional framework of the family means
clearly defining and enforcing the rights and obligations of spouses, parents, and
children.32 While Indonesian law already addresses many of these aspects,
challenges remain in consistent enforcement, public awareness, and balancing
kinship obligations with individual rights, especially in matters of custody
(hadhanah), maintenance (nafkah), and inheritance. Finally, managing the economic
responsibilities of the family is essential for its stability and welfare. 33 Economic
hardship remains one of the leading causes of divorce in Indonesia. Islamic law’s
provisions on mahar, nafkah, waris, and waqf are designed to ensure fair
distribution of wealth and protection for vulnerable members. However, legal
reform must ensure that women have real, enforceable access to these rights,
including clear procedures for claiming maintenance after divorce and equitable
division of marital property.

28 Qur’an 4:19.
29 `Atiyyah, Naḥwa Taf`il Maqasid

Asy-Syari`a, 149.
Asy-Syari`a, 149.
31 Al-Bukhari and Muslim (Muttafaq ‘Alaih) in Al-Asqalani, Bulugh Al-Maram Min Adillati
al-Ahkam.
32 `Atiyyah, Naḥwa Taf`il Maqasid Asy-Syari`a, 149.
33 `Atiyyah, Naḥwa Taf`il Maqasid Asy-Syari`a, 149.
30 `Atiyyah, Naḥwa Taf`il Maqasid

642 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025
Table 1: Application of Atiyyah’s Maqasid al-usrah Objectives to Indonesian Marriage Law Reform

No
1

Objective
Gender Relations

2

Preserving
Offspring (Nasl)

Focus in Law
Fair rights and
duties for husband
and wife
Legal, secure family
formation

3

Tranquility and
Compassion

Peaceful, caring
family life

4

Clear Lineage
(Nasab)

Prove and record
parentage

5

Religious Values

Support faith while
protecting freedom

6

Family Structure

Define family roles
and duties

7

Economic
Responsibilities

Financial fairness
and security

Key Issues in Indonesia
Prevent unfair polygamy,
ensure women’s consent
and protection.
Stop unregistered
marriages; make
registration easy and
affordable.
Fight domestic violence;
ensure support (nafkah);
provide counseling.
Improve marriage
validation (itsbat nikah);
protect children’s rights.
Balance religious advice
with freedom of religion
and avoid coercion.
Enforce parental and
spousal responsibilities;
ensure legal awareness.
Guarantee mahar, nafkah,
inheritance; make claiming
rights easier.

While Islamic law establishes these goals normatively, realizing them in
Indonesia’s plural, diverse society requires critical legal strategies that respond to
local contexts of poverty, education gaps, and gendered power dynamics. For
example, reforms mandating registration cannot succeed without affordable,
accessible civil registration systems, community education, and enforcement
mechanisms resistant to corruption. Thus, maqasid al-usrah should not be reduced
to moral rhetoric but operationalized as a guiding legal methodology one that
measures the success of reform not by the mere existence of laws but by their
capacity to protect dignity (‘ird), lineage (nasl), and family welfare (maslahah). It is
this critical, problem-focused application of maqasid that can transform
Indonesia’s marriage law from a set of formal rules into a genuine instrument for
social justice and spiritual well-being.

Busriyanti : Marriage Law Reform in Indonesia ….| 643
3. The Implementation of Maqasid al-usrah in Marriage Law in Indonesia
The incorporation of maqasid al-shari’ah principles particularly maqasid alusrah, or the objectives of Islamic family law has become an essential framework
for assessing marriage law reform in Indonesia. Rather than treating these
objectives as static doctrine, Indonesian lawmakers have engaged in an ongoing
process of adapting classical Islamic norms to meet contemporary social needs,
navigating tensions between textual traditions and modern legal realities.
At its core, maqasid al-shari’ah offers a purposive method of interpretation,
one that prioritizes human welfare (maslahah), prevents harm (mafsadah), and
balances competing social interests. In family law, maqasid al-usrah includes
safeguarding lineage (nasl), protecting dignity (‘ird), ensuring mutual rights and
responsibilities between spouses, promoting the welfare of children, and
maintaining social cohesion. This approach recognizes that legal rules cannot be
applied mechanically across time and space but must instead respond to the lived
realities of Muslim communities.
In Indonesia, the 1974 Marriage Law and the Compilation of Islamic Law
(KHI) reflect this adaptive spirit by reformulating classical rules through the lens
of maslahah.34 For example, the legal requirement that marriages be registered and
officiated by state-appointed marriage registrars marks a departure from
traditional fiqh, where verbal consent and witnesses alone sufficed. This modern
rule is justified on maqasid grounds as a means to protect nasl (clear lineage), mal
(property rights through inheritance and division of joint assets), and nafs
(personal security), preventing disputes and exploitation in an increasingly mobile,
plural society.
Yet this move toward formal registration is not without tensions. While
the goal of protecting lineage is clear, critics note that the practical barriers to
registration such as cost, bureaucracy, or rural access can create new forms of
vulnerability, especially for women and children in unregistered marriages. Thus,
a maqasid-based analysis must also scrutinize implementation, asking whether the
legal requirement genuinely fulfills its protective aim or unintentionally
marginalizes those it seeks to protect.
Similarly, the requirement that divorce be finalized in a religious court
represents a significant transformation from classical jurisprudence, where
34 See Indonesia, Law No. 1 of 1974 on Marriage (Undang-Undang Nomor 1 Tahun 1974
tentang Perkawinan), State Gazette No. 1 of 1974.

644 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

divorce was largely unilateral and private. This legal reform grounds itself in
maqasid al-usrah by seeking to ensure procedural fairness, protect women’s rights
to maintenance and post-divorce support, and prevent arbitrary or impulsive
divorces that threaten family stability. While such formalization advances
maslahah, it also requires a well-functioning judiciary and accessible legal aid to
avoid placing an undue burden on disadvantaged litigants.
Polygamy regulation provides another site of negotiation between textual
tradition and maqasid principles. Classical fiqh permits polygamy with few
procedural constraints, while Indonesian law imposes strict conditions: court
permission, evidence of the wife’s consent, and the husband’s capacity to provide
equally. These rules invoke maslahah to protect the rights and welfare of existing
wives and children, acknowledging documented social harms from unregulated
polygamy. However, debates remain about the effectiveness of these regulations
and whether they fully realize the maqasid objective of justice (‘adl) within family
structures.
Contested areas such as interfaith marriage further reveal the complexity
of applying maslahah. The KHI prohibits Muslim men from marrying non-Muslim
women, reasoning that interfaith marriage risks harm to faith, family cohesion,
and the religious upbringing of children. This justification rests on a maslahah
calculus prioritizing communal and spiritual integrity. Yet scholars note that this
position is debated across the Muslim world, with some jurists permitting certain
interfaith unions under conditions. Indonesia’s strict prohibition reflects a specific
reading of maqasid, but it also illustrates how state law selectively negotiates
between classical interpretations and modern social anxieties about religious
pluralism.
Another important reform involves setting a minimum marriage age,
currently 19 for both men and women, aimed at ensuring physical, mental, and
economic maturity. Framed in maqasid terms, this regulation serves to protect nasl,
‘aql, and nafs, responding to modern social realities such as child marriage’s
documented harms. Nonetheless, widespread use of judicial dispensations raises
questions about the law’s real-world impact and the need for further community
education and socio-economic support to change entrenched practices.
Finally, new legal provisions like allowing in vitro fertilization under strict
conditions (as found in KHI Article 91) illustrate a modern application of
maslahah, addressing the need to have offspring (hifz al-nasl) for couples facing
infertility. This reflects a willingness to recognize technological developments

Busriyanti : Marriage Law Reform in Indonesia ….| 645
within a Sharia-compliant ethical framework, showing that maqasid reasoning can
facilitate legal evolution to address contemporary human needs.
In all these examples, the Indonesian approach demonstrates that maqasid
al-usrah is not merely invoked as abstract rhetoric but is actively used to justify
legal adaptation and reform. However, the effectiveness of these reforms depends
on their ability to deliver maslahah in practice not just in legislation. This requires
ongoing evaluation of how laws are implemented, their social consequences, and
their capacity to protect the rights and welfare of all family members, especially
women and children who have often borne the costs of legal and social change.
Moreover, genuine maqasid-based reform demands transparency about the
criteria used to determine maslahah and mafsadah. It must also remain open to
contestation and debate, recognizing that the assessment of public benefit is not
static but evolves alongside social knowledge, ethical reflection, and community
needs. For Indonesia, this suggests that marriage law reform is not a one-time
achievement but an ongoing process of interpreting, negotiating, and realizing the
ethical objectives at the heart of Islamic family law.
Ultimately, unlike previous studies that are predominantly descriptive or
doctrinal such as those by Suadi (2020), Mukhlis (2019), and Bunyamin (2021)
this research adopts an evaluative approach by employing the maqasid al-usrah
framework as a substantive analytical tool to assess Indonesia’s marriage
regulations. While case-specific studies by scholars like Nurcholis (2022) and Sifa
(2021) focus on limited aspects such as child marriage dispensation or divorce
justified through maslahah, this study broadens the scope by systematically
analyzing four key areas of family law: marriage registration, minimum marriage
age, prenuptial agreements, and court-based divorce. In doing so, it contributes
to the existing body of literature by offering a more structured normative
assessment based on maqasid al-usrah principles, and challenges the prevailing
assumption that regulations are fully aligned with Islamic objectives simply
because they invoke maslahah. The findings of this study suggest that while
maqasid-oriented intentions are evident in the formulation of family law, the
implementation often falls short of fulfilling the comprehensive protective goals
envisioned by maqasid al-usrah.
Conclusion
This study has examined the development of marriage law reform in
Indonesia through the lens of maqasid al-usrah, highlighting both its normative
intentions and practical challenges. While it is clear that the principles of maqasid

646 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

al-shari’ah particularly the protection of lineage, dignity, and social welfare have
shaped important legal reforms, such as mandatory marriage registration,
minimum marriage age requirements, and judicial oversight of divorce, this
application is far from uniform or uncontested.
A critical analysis reveals that these reforms often navigate complex social,
political, and cultural tensions. The invocation of maslahah (public benefit) as a
basis for reform demonstrates a clear move away from rigid classical fiqh toward
more context-sensitive interpretations. Yet the effectiveness of these maqasidbased reforms depends not only on their legal texts but on their implementation,
enforcement, and accessibility. Persistent challenges such as judicial dispensations
that undermine age restrictions, bureaucratic barriers to marriage registration, and
uneven access to courts suggest that the promise of maslahah is not always realized
in practice.
Moreover, while Indonesian marriage law employs maqasid reasoning to
protect family welfare, it must also grapple with potential internal contradictions
and embedded patriarchal norms. For instance, while restrictions on polygamy
aim to prevent harm to women and children, they still permit the practice under
certain conditions, raising questions about the law’s commitment to substantive
gender equality. Similarly, while divorce regulation through the courts is intended
to ensure fairness, social stigma and economic barriers continue to disadvantage
women seeking dissolution of marriage.
Additionally, Indonesia’s plural legal landscape where state law, Islamic
law, and local adat interact complicates the realization of maqasid al-usrah goals.
Conflicts between national regulations and local customary practices can
undermine uniform protection of rights, creating legal fragmentation that
disproportionately affects marginalized communities. Recognizing this
complexity is essential for any serious effort to apply maqasid principles
meaningfully in policy-making.
Therefore, rather than merely affirming that maqasid al-usrah has been
“applied,” this study argues that Indonesia’s marriage law reforms reflect an
ongoing, contested process of negotiation between classical doctrine, modern
socio-political needs, and ethical imperatives of welfare and justice. This
underscores the importance of understanding maqasid not as a fixed set of rules
but as a methodological framework for continuous legal reasoning that prioritizes
human well-being.

Busriyanti : Marriage Law Reform in Indonesia ….| 647
Future reform efforts should thus adopt a more critically self-aware
maqasid approach one that actively interrogates whether laws truly reduce harm
and deliver benefit in contemporary contexts. This would include addressing
structural barriers to legal access, reevaluating gendered assumptions in family
law, and ensuring that procedural reforms translate into substantive protections
for women and children.
For future research, more in-depth empirical studies are needed to
evaluate the effectiveness of these reforms at the level of judicial decisions and
social outcomes, particularly in rural and marginalized communities. Comparative
studies with other Muslim-majority jurisdictions that have also employed maqasid
reasoning could offer valuable insights into best practices and pitfalls. Finally, the
impact of rapid technological and social change including digitalization,
migration, and shifting family structures deserves close attention to ensure that
maqasid-oriented family law remains responsive, equitable, and relevant in the 21st
century.
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