Simon Butt, Polygamy and Mixed Marriage in Indonesia: Islam and the Marriage Law in the Courts (May 7, 2009). INDONESIA: LAW AND SOCIETY, T. Lindsey, ed., Federation Press, 2008; Sydney Law School Research Paper No. 09/36. Available at SSRN: http://ssrn.com/abstract=1401135
The proper position of Islam within the Indonesian state, and within the Indonesian legal system, are matters of significant debate in Indonesia. This article considers the Indonesian state’s attempts to regulate Islamic law on polygamy and mixed marriages, and to reform Indonesia’s Islamic courts, and the resistance that some Muslim groups have put up in response. It shows that the contest between the state and Muslim groups over the extent to which the state should enforce Islamic law is ongoing and is unlikely to end in the foreseeable future, but that the state clearly has the ‘upper hand’. This is largely because it controls the administration of law in Indonesia and because the majority of Indonesians appear to reject the expansion of the role of Islamic law.
