The Harmonisation of Customary Law and Islamic Law in The Resolution of Family Disputes

Abstract

Legal pluralism in Indonesia reflects the richness of normative systems that coexist between state law, Islamic law, and customary law. In the context of family dispute resolution, especially those related to marriage, inheritance, and divorce, overlapping jurisdictions and fundamental normative differences often give rise to complex legal issues. This article aims to analyse and propose a model for harmonising customary law and Islamic law in the resolution of family disputes in Indonesia. This research uses a qualitative approach with juridical-normative and socio-legal methods, through analysis of legislation, religious court decisions, and community-based dispute resolution practices. The results of the research show that Islamic law and customary law actually have strong common ground in the principles of justice, benefit, deliberation, and social balance. However, tensions arise when local customary values clash with universal Islamic norms. In practice, many communities still prioritise customary-based resolution before bringing cases to religious courts, indicating a social preference for mechanisms that are considered more restorative and rooted in local wisdom. The harmonisation strategies offered include an integrative approach based on maqaid al-syari'ah, recognition of customary law that does not conflict with sharia principles, and strengthening the role of customary-religious mediators as a bridge between the two legal systems. The harmonisation of customary law and Islamic law is not intended to eliminate differences, but to optimise the role of both in creating substantive justice for Indonesian Muslim families. Thus, legal pluralism can become an integrative potential in strengthening a family dispute resolution system that is fair, contextual, and rooted in a diverse national legal identity.