Implementation of divorce mitigation policies for muslim coastal communities in Indonesia and Malaysia: A comparative study of Indonesia and Malaysia

Hamidah, Tutik, Harry, Musleh, Nasrulloh, Muhammad and Jundiani, Jundiani ORCID: https://orcid.org/0000-0002-9369-9273 Implementation of divorce mitigation policies for muslim coastal communities in Indonesia and Malaysia: A comparative study of Indonesia and Malaysia. Research Report. LP2M UIN Malang.

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Abstract

Coastal Muslim communities in Indonesia and Malaysia are noted for having the lowest divorce rates. For instance, this research focuses on the northern coast of Java, an area known for its maritime trade activities among Muslims (Hadi 2021). Among them are, Rembang (1,022), Sukoharjo (1.102) Kudus (1.117), Karanganyar (1.168). These districts rank the lowest amidst the escalating divorce rates in East Java, Central Java, and West Java, which have the highest divorce rates in Indonesia.
Similarly, Melaka, Malaysia, which has a coastal Muslim community typology with socio-cultural similarities (bin Abdul Wahid 1983). Despite being a hub of maritime activity, it records one of the lowest divorce trends amid the widespread divorces in other Malaysian federated states, at 30,91% per thousand married men and women.

The low divorce rates are attributed to the implementation of relevant mitigation policies compatible with the socio-cultural contexts of coastal Muslim communities in Indonesia and Malaysia. In the context of coastal Muslim communities, which are hubs of maritime activity and heavily influenced by the social life of Muslim traders, sociologist Syed Farid Alatas argues in his work "The Sociology of the Malay Community" that densely populated coastal Muslim communities tend to be more religious and exhibit strong patron-client relationships compared to agrarian communities.

Therefore, according to Donald Black, there are "living laws" as social engineering within the traditions of coastal Muslim communities, implemented by scholars as cultural policies to maintain family resilience against marital conflicts leading to divorce. For instance, according to Ahmad Imron Rozuli, the low incidence of destructive fishing in Madura is influenced by cultural policies articulated by Muslim scholars on the Madura coast. Thus, the low divorce rates in the coastal Muslim communities of Indonesia and Malaysia, influenced by the patron-client relationship of cultural policies by scholars, are a sociological inevitability.

Simultaneously, the implementation of structural policies in the form of government programs and legal products, such as court decisions, is felt by coastal Muslim communities. This is because structures, according to Emile Durkheim's theory, play a significant role in shaping societal behavior and values. The implementation of structural policies can be seen in Indonesia, where there are pre-marital socialization programs by the Ministry of Religious Affairs for prospective couples and adolescents, and efforts to prevent child marriage as a contributing factor to the highest divorce rates. Additionally, Supreme Court Regulation No. 1 of 2016 on mediation procedures and various fiscal policies are responses to economic conditions affecting family stability.

Similarly, Malaysia adopts a similar approach. “Seminar Keluarga Bahagia”, focusing on resolving family issues through socialization and service programs, is part of the structural policy implementation carried out by the State Sharia Judiciary Department of Melaka. These steps reflect the government's active efforts to respond to and address challenges faced by coastal Muslim communities in maintaining family stability and reducing divorce rates. At this point, this research holds significant urgency in examining the influence of cultural mitigation policies, namely the connection between the high religiosity of coastal Muslim communities in Indonesia and Malaysia and the low divorce rates. On the other hand, it also seeks to explore the influence of structural policies on the low divorce rates among coastal Muslim communities in Indonesia and Malaysia. Through a more detailed exploration, this research will identify the implications of its findings for existing policies and provide recommendations for policy improvement in the future to reduce divorce rates among coastal Muslim communities with similar typologies.

Item Type:	Research (Research Report)
Keywords:	Divorce Mitigation; Muslim Coastal; Indonesia; Malaysia
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012801 Pernikahan (Secara Umum)
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Unnamed user with email el.moehy77@syariah.uin-malang.ac.id
Date Deposited:	24 Dec 2024 08:33

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