Reforming Islamic Family Law in Indonesia through Judicial Body: The Supreme Court's Legal Products on Women and Children and the Islamic Courts’ Judges Attitudes

This research focuses on the legal reform of Islamic family law in Indonesia, particularly examining the role of the Supreme Court in shaping these reforms. Existing literature has extensively analyzed legislative products and the implementation of Islamic family law, with prior studies addressing judicial reviews in marriage law. However, specific research on the Supreme Court's influence in this area is lacking. The study aims to investigate two main issues: first, the foundations, processes, and objectives behind the Supreme Court's legal reforms related to family law; and second, the perspectives of judges in the Islamic Courts regarding these policies and the legal implications on the transaction of justice for the community they serve. The research is focused on the legal reforms by the Supreme Courts in the issues of women and children This will involve qualitative field research, including document analysis, in-depth interviews with Islamic courts’ judges, and direct observations on the courts’ hearings. The theoretical framework is grounded in socio-legal studies, examining not only the creation of legal products but also their application and societal impact. The research will highlight the concept of gender justice and the best interest of the child as key objectives of legal reform. It will also assess the interaction between the Supreme Court’s policies and legal attitudes of Islamic courts judges and their interpretation of gender justice and of the concept of the best interest of the child, analyzing how judges interpret and apply the policies in practice. Ultimately, this study seeks to provide a comprehensive understanding of the dynamics of judicial reforms in family law issues in Indonesia, contributing to the broader discourse on legal changes within the country.