Reformulasi Kompilasi Hukum Islam dalam Konteks Hak Asasi Manusia dan Kesetaraan Gender

Abstract

The Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) serves as an important source of Islamic family law in Indonesia and has played a significant role in shaping national family law practices. However, several of its provisions are considered not fully aligned with the principles of Human Rights and gender equality as mandated by Law Number 39 of 1999 concerning Human Rights and the ratification of CEDAW through Law Number 7 of 1984. This study aims to analyze the relevance and compatibility of the norms contained in the KHI with the principles of human rights and gender equality, as well as to formulate reformulation efforts so that the KHI becomes more responsive to humanitarian values without neglecting the principles of Islamic law. The research method employed is normative juridical, using statutory, conceptual, and comparative approaches, accompanied by qualitative descriptive analysis of primary, secondary, and tertiary legal materials. The findings indicate that several norms within the KHI, particularly those regulating polygamy and the domestic roles of women, still reflect patriarchal bias and have the potential to violate the principle of substantive justice. Therefore, a reformulation of the KHI is necessary to balance universal human rights values with the principles of justice in Islam through reinterpretation based on maqasid al-shariah and John Rawls’ theory of justice. In conclusion, the reform of the KHI is an urgent necessity to establish Islamic family law that is fair, inclusive, and contextual to modern social dynamics.