Harmonization of Islamic Law and State Law in Marriage Regulations

Abstract

The main problem is the occurrence of disharmony between Islamic law and state law in marriage regulations, which causes confusion and potential legal conflicts due to differences in provisions and the low understanding of society towards both legal systems. This study aims to analyze the harmonization between Islamic law and state law in marriage regulations and to identify supporting and inhibiting factors in this process. The issue examined arises from the differences between Islamic legal norms, which are theological in nature, and state law, which is administrative in nature, in community life practices. This study uses a qualitative method with a practical library research approach, utilizing primary legal sources such as the Qur’an, hadith, and legislation, supported by scientific literature and relevant empirical studies. The research results indicate that harmonization is reflected in various regulations such as marriage registration, marriage age restrictions, and divorce arrangements through religious courts. Supporting factors include accommodative regulations, the role of judicial institutions, the maqashid al-shariah approach, and increasing public legal awareness, while inhibiting factors include differences in interpretation, legal dualism, cultural factors, and weak law enforcement. This study confirms that the integration between normative and sociological approaches is key to creating adaptive and responsive regulations. The implications of this research are expected to contribute to the development of Islamic family law and serve as a reference for policymakers and the public.