PERKEMBANGAN HUKUM KELUARGA DI INDONESIA PERSPEKTIF POLITIK HUKUM ISLAM

Abstract

This article describes the development of the enactment of family law in Indonesia so that it reaches its existence, with the approach of the political theory of Islamic law. This article uses a literature study method, with a historical approach, primary and secondary data obtained from books, articles, and other scientific works. The results showed that; the theories used in the politics of family law are FormalisticLegalistic, Structuralistic, Culturalistic, Culturalistic, Substantialistic. as for the theory of Islamic law enforcement generally there are five; credo, receptio in complexu, receptie, recepti exit, receptie a contrario. As for some methods used in the reform of Islamic family law Intra-doctrinal Reform, Extra-doctrinal Reform, Regulatory Reform, Codification. As for the principle of the renewal method used in codifying contemporary Islamic law there are five (5), namely: (1) takhayyur, (2) talfiq, (3) takhshish al-qadla, (4) siyasah shariyah, and (5) reinterpretation of nash