Politik Hukum Islam di Pengadilan Agama Perbatasan: Ketegangan Antara Hukum Negara, Hukum Adat, dan Identitas Agama

This study examines the dynamics of Islamic legal politics in the Religious Courts located in Indonesia’s border regions, where state law, local customary law, and Islamic law interact in complex and sometimes conflicting ways. The presence of the Religious Courts as formal state institutions represents the codified authority of Islamic family law under the national legal system. However, in border areas, these institutions often confront strong influences of local customary practices and the transnational character of religious identity that transcends political boundaries. By employing a qualitative normative approach combined with case studies of selected Religious Courts in border regions, this research explores how judges navigate the tension between upholding state law, accommodating community customs, and preserving Islamic legal values. The findings reveal that judicial practice in border areas not only reflects the legal pluralism inherent in Indonesia’s socio-legal context but also highlights the role of Religious Courts as mediators of political, cultural, and religious interests. This paper argues that the politics of Islamic law in borderland Religious Courts should be understood as a continuous process of negotiation rather than a fixed normative order. The study contributes to the discourse on Islamic legal politics by demonstrating how legal authority is constructed and contested in peripheral contexts, offering insights for the harmonization of state, religion, and local traditions in Indonesia’s legal development

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Publication Details

Journal
Al-Ahwal Al-Syakhsiyyah Jurnal Hukum Keluarga dan Peradilan Islam
Published
2025-10-01
DOI
https://doi.org/10.15575/as.v6i2.41291
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Politik Hukum Islam di Pengadilan Agama Perbatasan: Ketegangan Antara Hukum Negara, Hukum Adat, dan Identitas Agama

Imron Hamzah
Al-Ahwal Al-Syakhsiyyah Jurnal Hukum Keluarga dan Peradilan Islam
Legal Studies and Policies
article

Politik Hukum Islam di Pengadilan Agama Perbatasan: Ketegangan Antara Hukum Negara, Hukum Adat, dan Identitas Agama

Imron Hamzah
article en

Abstract

This study examines the dynamics of Islamic legal politics in the Religious Courts located in Indonesia’s border regions, where state law, local customary law, and Islamic law interact in complex and sometimes conflicting ways. The presence of the Religious Courts as formal state institutions represents the codified authority of Islamic family law under the national legal system. However, in border areas, these institutions often confront strong influences of local customary practices and the transnational character of religious identity that transcends political boundaries. By employing a qualitative normative approach combined with case studies of selected Religious Courts in border regions, this research explores how judges navigate the tension between upholding state law, accommodating community customs, and preserving Islamic legal values. The findings reveal that judicial practice in border areas not only reflects the legal pluralism inherent in Indonesia’s socio-legal context but also highlights the role of Religious Courts as mediators of political, cultural, and religious interests. This paper argues that the politics of Islamic law in borderland Religious Courts should be understood as a continuous process of negotiation rather than a fixed normative order. The study contributes to the discourse on Islamic legal politics by demonstrating how legal authority is constructed and contested in peripheral contexts, offering insights for the harmonization of state, religion, and local traditions in Indonesia’s legal development

Al-Ahwal Al-Syakhsiyyah Jurnal Hukum Keluarga dan Peradilan IslamVol. 6(2)
Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
Openalex Percentile: Top 58%
Legal Studies and Policies
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