Muhammad Latif Fauzi

PhD candidate at Leiden University. Research project: Islam, Law, and Divorce in Java: Public Reasoning and Legal Practices of Taklik Talak. Supervisors: Prof. dr. Léon Buskens and Prof. dr. Adriaan Bedner.

Islam, Law, and Divorce in Java: Public Reasoning and Legal Practices of Taklik Talak

This research is concerned with the vibrant development of marriage and divorce in Indonesia, especially amidst Javanese society constituting the largest part of the nation population. This study will give a special attention to the discourse and practice of taklik talak (Arabic: ta’liq al-talaq), a special feature of divorce involving the interrelated relationship between customary (adat) and Islamic law, in the pre and post Indonesian independence. Taklik talak is a sort of conditions pronounced by a husband at the conclusion of a marriage where the non-fulfilment of which a wife may request for repudiation to religious courts. The research will relate this taklik talak institution to the meaning of marriage and divorce in contemporary Javanese Muslim society.

The research believes that, along with social changes and modernization taking place in Java, taklik talak challenges men and women social power relation and influences the way how women, religious leaders, and judges in religious courts contest and negotiate the notion of women access to divorce. The discussion will be linked with broader debates among ulama’, Islamic legal practitioners, academics, activists on women issues, and society at large on Islamic legal reform and the demand for the certainty in women legal status in Indonesia. This research will interrelate some key concepts such as the relation of Islamic and adat law, marriage, divorce, state’s interpretation, women legal status, gender power relation, and public reasoning.

Last Modified: 26-01-2016