The Dynamics of Legal Assistance in Divorce Cases at Religious Courts: An Empirical Analysis of Advocate Practices in Bondowoso

Abstract

This study examines the dynamic relationship between classical Islamic jurisprudence (fiqh) and modern state regulation in shaping Islamic family law in Indonesia’s plural legal system. Using a qualitative socio-legal approach, the research integrates doctrinal analysis of classical fiqh texts with an examination of contemporary statutory frameworks, including Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law. Classical works such as Al-Majmu‘, Al-Mughni, and Bidayat al-Mujtahid are analyzed to uncover the normative foundations of family law. The findings reveal that classical fiqh continues to serve as the ethical and doctrinal basis for regulating marriage, particularly in defining its contractual nature, structuring spousal rights and obligations, and upholding justice within the family. Simultaneously, the Indonesian state formalizes and regulates these principles through legal institutions, especially in matters such as marriage registration, polygamy, and dispute resolution. This interaction reflects a functioning model of legal pluralism in which religious and state legal systems coexist and mutually influence one another. The study concludes that Islamic family law in Indonesia is not static but continuously reconfigured through negotiation between tradition and modern governance, offering important insights into the transformation of Islamic law in contemporary plural societies.