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