Dualisme, Integrasi, dan Akomodasi: Tipologi Institusionalisasi Hukum Keluarga Islam di Malaysia, Brunei Darussalam, dan Singapura

Abstract

This research aims to analyze the development of Islamic family law in three Southeast Asian countries with different political-legal configurations: Malaysia, Brunei Darussalam, and Singapore. The research method used is library research with a qualitative approach, processing primary legal materials in the form of constitutions and Islamic family laws as well as secondary data from journal articles and research reports for the 2020-2026 period. The findings reveal three typologies of institutionalization: the dualistic-constitutional model in Malaysia, where Islamic family law is constitutionally recognized but decentralized to state governments and operates parallel to civil courts within the framework of religious federalism; the integrative-theocratic model in Brunei, where Islamic law becomes the foundation of the Malay Islamic Monarchy (MIB) ideology and is fully integrated into the absolute monarchy structure with jurisdictional expansion into criminal law; and the accommodative-secular model in Singapore, where Islamic family law is accommodated on a limited basis through the Administration of Muslim Law Act (AMLA) 1966 within a secular state framework with strict administrative control. This research concludes that the development of Islamic family law in the Southeast Asian region is not solely determined by religious doctrine, but is primarily shaped by constitutional structures, colonial heritage, Muslim demographics, and state political orientations.