Between Religious Authority and State Law: Legal Pluralism in Indonesian Islamic Family Law

Abstract

The interaction between religious authority and state law represents a central issue in the development of Islamic family law in contemporary Muslim societies. In Indonesia, the regulation of marriage reflects a plural legal environment in which Islamic jurisprudence, state legislation, and social practices coexist and influence one another. This study aims to examine how legal pluralism shapes the governance of Islamic family law in Indonesia, particularly in relation to the interaction between religious authority and state regulation in the practice of marriage. The research employs a qualitative approach using a socio-legal method that combines the analysis of statutory regulations with an examination of social and religious practices related to marriage. Primary legal sources include Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, while secondary sources consist of scholarly literature discussing Islamic family law and legal pluralism in Indonesia. The findings indicate that although the Indonesian state has established a structured legal framework requiring marriage registration and regulating polygamy through judicial procedures, religious authority continues to influence community perceptions of marital legitimacy. Practices such as nikah siri demonstrate how religious validation may be prioritized even when a marriage lacks formal legal recognition. This situation illustrates the operation of legal pluralism in Indonesian Islamic family law, where religious norms, statutory law, and social practices interact in shaping the regulation of family relations. The study concludes that understanding Islamic family law in Indonesia requires a socio-legal perspective that recognizes the dynamic interaction between religious authority and state law in regulating marriage within a pluralistic legal system.