This dissertation examines the phenomenon of family law in
middle-class muslim society in Banyumas and its relation to
religious understanding and state law. This study argues that the
presence of middle-class Muslims has an influence on legal changes
in society. This study specifically aims to understand the dynamics
of family law in middle-class muslim societies, to analyze the role of
agents and structures in constructing Islamic family law discourses,
and to examine the extent of the state's role in mainstreaming
equality in Islamic family law discourses in middle-class muslim
societies amidst the flourishing and diverse religious authorities.
As field research, the primary data were collected directly in 3
(three) methods, namely observation, in-depth interviews, and
documentation. Researchers conducted participatory observations of
6 (six) study forums held by urban mosques, namely the Jenderal
Besar Soedirman Mosque, Purwokerto, the Fatimatuzzahra (Mafaza)
Mosque, the Gelora Indah Mosque, Purwokerto, as well as several
mosques located in some elite housings, namely the Griya Asri
Housing Mosque, the Griya Satria Housing, and the Sapphier
Housing Mosque. In addition, researchers also made observations in
3 (three) Offices of Religious Affairs and 2 (two) Religious Courts,
namely The Religious Court of Purwokerto and the Religious Court
of Banyumas. The researcher interviewed 31 informants, who were
eventually reduced to 26 informants. The primary data in this
dissertation were supported by some documents, including the
decisions of the Religious Courts and the Office of Religious Affairs
as well as other data in the form of journals, books and annual
reports. This research was conducted using socio-anthropological
approach. It applied Anthony Giddens' structuration theory and Max
Weber's authority theory as the grand theory and Abdullah Saeed's
theory of religious understanding as the supporting theory.
This research revealed 3 (three) important findings. First, there
have been some notable dynamics of family law understanding and
practice in Banyumas, as indicated by groups that reject equality, groups that are fairly accommodative, and the contextualistprogressive
groups that accept equality. Of the three models, the first
two models are more dominant in the middle-class muslim
community in Banyumas. This argument is built based on three
family law issues, namely the problem of husband-and-wife
relations, divorce, and polygamy. Second, the dynamics of Islamic
family law in the middle-class muslim community in Banyumas is
inseparable from the aspect of the subject (the community) who
tends to have a symbolic understanding of religion and refers to
textual religious motivations. In addition, it is also influenced by
agents mainly ustadz who have certain religious affiliations, female
preachers, and ustadz with textualist perspective who gained
popularity in the media. The social structure also plays an important
role, such as urban mosques and residential mosques that actively
conduct studies, as well as family law advocacy such as the existence
of the Munakahat School program and marriage counseling. Third,
there has been a limited role of the state in shaping the understanding
and behavior of modern family law, which considers justice for
women. This can be seen in the relationship between men and
women and polygamy. In addition, the presence of religious
authority in society plays more essential role in shaping public
understanding of family law than the role of the state. The muslim
middle class group seems to prefer charismatic authority to others.
In general, this study provides a theoretical contribution by adding
new elements to Giddens' theory in the context of understanding an
action or behavior, namely belief, as well as reflection,
rationalization, and motivation. Meanwhile, in practice, the effort to
realize legal understanding and practice in a society that is more
modern and upholds egalitarian principles can be done by advocating
for agents of religious narrative