islam, politics and change

(Ann) #1

164 islam, politics and change


Circuit court hearing conducted by the Islamic court of Tangerang (by courtesy of
Islamic court of Tangerang)


6 Conclusion


To address women’s subordinate position as prescribed by classical
Islamic family law, the Indonesian government initiated legal reforms
and introduced new rules at the national level, such as the 1974 Law of
Marriage and the 1991 Kompilasi Hukum Islam, to improve women’s
standing in family law. For example, a husband’s right to unilateral divorce
was limited, polygamy was restricted, and women’s rights to property


were strengthened through the rule of joint property within the marital


bond. There are, therefore, cases related to divorce, post-divorce spousal
alimony and isbat nikah where women have benefited, although these
remain few and far between. The increase in women’s legal knowledge
and better services provided by courts, influenced by both national
concerns and international conventions, have brought women better


access to justice. Almost all their divorce petitions end in approval and


they are now better able to deal with their divorce proceedings because


of recently developed programmes of ‘prodeo’ and circuit courts. Due to
the awakening of judges’ gender sensitivity they can also obtain their


rights to spousal alimony.

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