Aligning Religious Law and State Law

Negotiating Legal Muslim Marriage in Pasuruan, East Java


In Aligning Religious Law and State Law: Negotiating Legal Muslim Marriage in Pasuruan, East Java, Muhammad Latif Fauzi investigates the extent to which the Indonesian state has regulated Muslim marriage, how a local community in Pasuruan, East Java practices and negotiates the regulation and how local officials deal with their practices.
Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework.
In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain its image as a body capable of maintaining the proper balance between religious tradition and modern administration of a marriage.
The practice of Muslim marriage registration has still left some leeway in which informality can function. This informality is important as it offers the capacity to make a compromise between people’s deep interest in religious law and state law.
The state officials in charge of marriage administration on the frontier levels are amenable to adopting lenient approach towards marriage registrations, which is the key to securing the functioning of state law.

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Muhammad Latif Fauzi (Ph.D. 2021), Leiden University, is an Associate Professor of Islamic law at UIN Raden Mas Said Surakarta. He has published articles and book chapters, including “Women in Local Politics: The Byelaw on Prostitution in Bantul,” In Islam, Politics and Change: The Indonesian Experience after the Fall of Suharto (Leiden University Press, 2016).
List of Figures and Tables

1 Introduction
 1 Unregistered Marriage and the Plurality of Legal Norms
 2 Marriage: Sharīʿa Law, State Law and Bureaucratisation
 3 Focus and Setting
 4 Method
 5 Structure of the Book

Part 1 Law and Institution

2 Regulating Muslim Marriage: A Shift to Citizens’ Rights-Based Approach
 1 Introduction
 2 Legal Marriage: Dilemmas and Compromises
 3 Sharīʿa-Based Regulations and the Steep Stairways to Legislation
 4 Contesting Maṣlaḥa
 5 A New Trend: Citizens’ Rights Approach
 6 Conclusion

3 Reforming the Bureaucracy of Muslim Marriage
 1 Introduction
 2 The Indonesian Muslim Marriage Bureaucracy
 3 The Re-centralisation of Penghulu
 4 Corruption, Informality, and the Need for Reform
 5 Muslims’ Attitudes towards the Reform
 6 The Information System of Marriage Registration
 7 Conclusion

Part 2 Legal Practice

4 Presenting Pasuruan: Present-Day Islam and Cultural Life
 1 Introduction
 2 Historical Context
 3 Cultural, Religious and Political Life
 4 Social Life in Sumbersari
 5 Conclusion

5 Performing Marriage: The Influences of Cultural and Islamic Norms
 1 Introduction
 2 Presenting Munir-Ulfa
 3 Pengarep and Cultural Norms
 4 Kyai: Seeking Religious ‘Middle Ground’
 5 Menghalalkan: Marrying to Legalise Relationship
 6 Conclusion

6 Registering Marriage: The Relationship between Penghulus and Modins
 1 Introduction
 2 Marriage Registration and the State-in-Society Approach
 3 Building an Internal Synergy
 4 Registering Marriages and Remarriages
 5 Twofold Akad Nikah and Taʾkīd al-Nikāḥ
 6 Conclusion

7 Legalising Unregistered Marriage: Reasons and Strategies
 1 Introduction
 2 Why Legalising an Unregistered Marriage?
 3 Legal Identity and Citizens’ Rights
 4 Administrative Transgression in Marriage Registration
 5 Isbat Nikah by Islamic Courts
 6 Child Legitimation
 7 Conclusion

8 Conclusion
 1 Regulating Muslim Marriage and Public Debates
 2 Corruption, Informality, and the Reformed Fees
 3 Present-Day Cultural Life in Pasuruan
 4 Everyday Practice of Marriage and the Functioning of the Bureaucracy of Marriage
 5 Unregistered Marriages and Seeking State Recognition

Researchers and scholars working on Islamic law and society, Indonesian studies, Asian Studies, Area Studies and Socio-Legal Studies, legal practitioners and public policymakers.
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