Polygamy and Mixed Marriage in Indonesia: Islam and the Marriage Law in the Courts

INDONESIA: LAW AND SOCIETY, T. Lindsey, ed., Federation Press, 2008

Sydney Law School Research Paper No. 09/36

2 Pages Posted: 8 May 2009 Last revised: 4 Jun 2009

Simon Butt

The University of Sydney Law School

Date Written: May 7, 2009

Abstract

The proper position of Islam within the Indonesian state, and within the Indonesian legal system, are matters of significant debate in Indonesia. This article considers the Indonesian state's attempts to regulate Islamic law on polygamy and mixed marriages, and to reform Indonesia's Islamic courts, and the resistance that some Muslim groups have put up in response. It shows that the contest between the state and Muslim groups over the extent to which the state should enforce Islamic law is ongoing and is unlikely to end in the foreseeable future, but that the state clearly has the 'upper hand'. This is largely because it controls the administration of law in Indonesia and because the majority of Indonesians appear to reject the expansion of the role of Islamic law.

Keywords: Islamic law, Indonesia, marriage law, polygamy, mixed marriage

JEL Classification: K10, K30

Suggested Citation

Butt, Simon, Polygamy and Mixed Marriage in Indonesia: Islam and the Marriage Law in the Courts (May 7, 2009). INDONESIA: LAW AND SOCIETY, T. Lindsey, ed., Federation Press, 2008; Sydney Law School Research Paper No. 09/36. Available at SSRN: https://ssrn.com/abstract=1401135

Simon Butt (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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