PEMBARUAN HUKUM KELUARGA ISLAM DI INDONESIA DAN TUNISIA: AKTOR, POLITIK, DAN PAHAM KEAGAMAAN

Nurul Ma’rifah, NIM.: 1530016044 (2019) PEMBARUAN HUKUM KELUARGA ISLAM DI INDONESIA DAN TUNISIA: AKTOR, POLITIK, DAN PAHAM KEAGAMAAN. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The reform of Islamic family law both in Indonesia and in Tunisia often receive the pros and cons from their respective society. However, the law reform in Tunisia tends to be easier to do and more progressive than that in Indonesia. Therefore, three issues, i.e., the involvement of the actors and regimes of state leadership in Islamic family law reform, the background of differences and similarities between Indonesia and Tunisia in theaforementioned law reform, and political configuration and religious understanding which are important factors in the aforementioned law reform in Indonesia and Tunisianeed addressing. This study uses a political history approach. The data are collected from books, journals, research reports, and other information that have links with Islamic family law reform in Indonesia and Tunisia as well as information from legal experts, legal aid institute activists, several judges and Tunisian figures in Indonesia in general lecture activities. The results of the study indicate that the Islamic family law reform in Indonesia cannot be separated from the involvement of the actors preceded by the demands of women activists. This demand then raises two responses, i.e., rejecting and accepting. The actors from the two opposing sides are also part of the ongoing efforts to reform Islamic family law. However, in Tunisia, the actor who has more role in the renewal of Islamic family law is the state because it is related to the interests of the authorities. Regarding the issue discussed, there arehistorical differences between Indonesia and Tunisia that lead to different phenomena. Indonesia is more inclined to follow moderate Syafi‟i School, while Tunisia follows the traditionalist Maliki School and the rationalist Hanafi School with the latterthat tends to rule the government. Regarding reform which in the historical context was inherent in colonialism, Indonesia often responded coldly while Tunisia was more adaptive because before the invaders were present, Tunisia had leaders who were visionary and open to reform. Religious understanding and political configuration are two key words that greatly influence the Islamic family law reform because positivisation of Islamic family law is in line with what is needed and desired by the ruling government. Indonesia needs a Political Will for Islamic family law reforms and Tunisia conducts top-down legislation by charismatic leaders. Both are the forerunners of the success of Islamic family law reform. In addition, religious understanding is a measure of the success of Islamic family law reform because reform raises one of the issues of modernity related to the equality of women and men. Indonesia is on a more fundamentalist journey at the time of the nursery of modernism, while Tunisia since its inception has had strong ties to modernism.

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