Reorienting Islamic Law in Indonesia: The Compilation of Islamic Law as a Manifestation of Maqashid-Oriented Ijtihad

Abstract

The Compilation of Islamic Law (KHI) represents an important milestone in the development of Islamic law in Indonesia. Enacted through Presidential Instruction No. 1 of 1991, the KHI was intended not only as a guideline for Religious Court judges but also as an instrument of Islamic legal reform adapted to Indonesia’s social, cultural, and national legal context. Nevertheless, much of the existing scholarship continues to position the KHI primarily as a codification of Shafi’i legal doctrine, while limited attention has been given to understanding it as a product of Maqashid-oriented Ijtihad aimed at realizing public welfare. This study aims to analyze the KHI as a product of Maqashid-oriented Ijtihad in the formation of Islamic family law in Indonesia. This normative legal study employs conceptual, historical, and Maqashid Al-Shari’ah approaches. Data were obtained through library research involving legislation, works of ushul al-fiqh, Maqashid Al-Shari'ah literature, and relevant previous studies, and were analyzed qualitatively using content analysis. The findings demonstrate that the KHI does not merely adopt the opinions of a particular legal school but constitutes a product of collective Ijtihad (Ijtihad jama’i) that integrates the Qur’an, Sunnah, ijma’, qiyas, maslahah mursalah, sadd al-dhari'ah, 'urf, and the needs of Indonesian society. The study further finds that Maqashid Al-Shari'ah, particularly hifz al-din, hifz al-nafs, hifz al-nasl, hifz al-mal, dan hifz al-'ird, underpin provisions on marriage, marriage registration, polygamy, divorce, hadanah, guardianship, and inheritance. Thus, the KHI constitutes a manifestation of Maqashid-oriented Ijtihad in transforming fish into national positive law oriented toward the welfare of Indonesian society.