Pembaharuan Hukum Keluarga Islam di Asia Tenggara: Studi Komparatif Brunei Darussalam, Singapura, Filipina, dan Malaysia

Abstract

This article discusses the historical development of Islamic family and marriage law in Southeast Asia, with attention to Brunei Darussalam, Singapore, the Philippines, and Malaysia. The discussion traces legal products that regulate marriage, divorce, registration, guardianship, inheritance, and the protection of women and children, while examining the background that encouraged legal reform in each country. The study uses a historical-comparative literature approach by examining the material and references presented in the manuscript. The findings show that legal reform in the four countries developed in different historical and political contexts. Brunei Darussalam established family-law provisions in the 1984 revision, Singapore developed Muslim family-law regulation through successive ordinances and later AMLA, the Philippines established the Code of Muslim Personal Laws through Presidential Decree No. 1083 and subsequent executive orders, while Malaysia developed state-based Islamic legal enactments beginning particularly in the 1950s. The reform process reflects efforts to provide administrative certainty, regulate family relations, and respond to social and political circumstances. However, the historical development also shows differences in institutional implementation and the position of Islamic law within national legal systems.