ISLAMIC FAMILY LAW REFORM IN SOUTHEAST ASIA (STUDY OF MALAYSIA AND BRUNEI DARUSSALAM)

Abstract

study aims to analyze Islamic legal reforms related to divorce in Malaysia and Brunei Darussalam, two Muslim-majority countries with different legal systems but similar approaches to family issues. In Malaysia, divorce law is regulated by the Islamic Family Code, which is based on sharia but has been influenced by secular legal systems. Meanwhile, Brunei Darussalam applies Islamic law more strictly through the Brunei Islamic Family Code, which regulates divorce through mechanisms that prioritize family unity and the role of the state in enforcing sharia law. This study examines how these two countries address the challenges of modernity in handling divorce, such as the increasing divorce rate and the role of women in the legal process. Islamic legal reforms in both countries are reviewed from the perspective of legislation, divorce procedures, and individual rights, as well as the involvement of relevant parties such as religious courts and social institutions. The results of this study are expected to provide insight into the extent to which Islamic legal reforms in Malaysia and Brunei Darussalam are able to respond to evolving social needs while maintaining fundamental sharia principles.