Fatma Amilia, a lecturer at the Faculty of Sharia and Law (FSH) of UIN Sunan Kalijaga Yogyakarta, successfully defended her dissertation in an Open Doctoral Promotion Examination held Monday (8/24/2026) at the Graduate School Hall of UIN Sunan Kalijaga Yogyakarta.

In the examination, Fatma presented her dissertation titled “Disharmony and Flexibility in Marriage Law for Muslim Communities in Indonesia: A Study of Legal Regulations and Practice.”

Fatma's research stems from the complex regulation of marriage law for Muslim communities in Indonesia. Provisions on marriage are not contained in a single regulation but are scattered across various interrelated regulations.

According to the study, this situation opens the door to disharmony, inconsistency, and flexibility in legal norms. These issues arise not only between regulations but also in the interpretation of legal provisions when applied to concrete cases.

The research highlights a number of issues, including interfaith marriage, marriage of pregnant women, child custody, the determination of the start of the iddah period, marriage dispensation (for those below the minimum age), and isbat nikah (judicial confirmation of marriage).

Fatma used an empirical-juridical approach, examining both statutory regulations and legal practice as reflected in court rulings and decisions. The legal materials studied include the Marriage Law, the Compilation of Islamic Law, the Child Protection Law, population administration regulations, and Supreme Court guidelines and regulations.

One key finding of the research is that legal disharmony and flexibility can affect how norms function within society.

The doctoral candidate, who previously served as Head of the Islamic Family Law Study Program, cited the example of interfaith marriage cases: some couples pursue legal channels through the courts, while others choose religious conversion instead. In cases involving the marriage of pregnant women, practices in society likewise show varied patterns, including marriage to a man who is not the one responsible for the pregnancy.

According to the research, this phenomenon shows that marriage law does not always function in a linear way, as its formal provisions suggest. The realization of legal certainty and benefit is heavily influenced by how law enforcement officials interpret and apply the rules.

This condition ultimately reveals a shift in the center of legal development, from legislators to implementers.

During the open examination session, one of the examiners, Dr. Moh. Mufid emphasized the importance of research being able to bridge normative texts with social reality.

Responding to this, Fatma explained that the research was not conducted through direct field observation. Instead, social reality was traced through court verdicts, court determinations, and prior research findings.

Through this approach, the research did not stop at reading the text of legal articles but also examined how such norms are understood and implemented when confronted with real social issues.

Fatma's research found that legal flexibility does not always carry a negative connotation. Under certain conditions, flexibility can serve as a mechanism to reconcile legal norms with the needs of society, as seen in marriage dispensation for the minimum marriage age requirement and in isbat nikah for marriage registration matters.

However, flexibility can also weaken the imperative force of a norm if the exception mechanism comes to be regarded by society as the primary pathway. For this reason, the study views Indonesia's marriage law as a space where various interests intersect; legal certainty, social change, child protection, human rights, religious values, and the needs of society.

Ultimately, Fatma's dissertation shows that the issue of marriage law cannot be adequately understood merely by asking whether a regulation has been established. An equally important question is how that regulation functions when it meets society.

Disharmony points to problems in the relationship between norms, while flexibility demonstrates the law's capacity to adapt to reality. Both present a challenge for lawmakers and law enforcers alike, in ensuring that legal change and interpretation remain within a framework of certainty, justice, and public benefit.

For the academic world, the research also underscores the importance of reading law more holistically, placing the text of regulations, social context, and judicial practice within a single frame of analysis.

The open examination marked an important milestone in Fatma Amilia's academic journey, while also strengthening the contribution of the Faculty of Sharia and Law at UIN Sunan Kalijaga Yogyakarta to the development of Islamic legal studies responsive to the dynamics of Indonesian society.

Her dissertation supervisor, Prof. Dr. Euis Nurlaelawati, M.A., said that Fatma Amilia's success in earning her doctorate marks the culmination of a long and intensive academic process, sustained by her dedication throughout every stage of supervision. The presentation delivered during the doctoral promotion examination, she noted, demonstrated command of the subject matter, coherent argumentation, and the intellectual maturity developed throughout the research process.

She also regarded Fatma's dissertation as an academic work of quality with the potential to be developed into a scholarly publication. For that reason, she said, the various notes and recommendations from the board of examiners should be incorporated to strengthen its arguments, sharpen its analysis, and enhance its scholarly contribution.

These academic notes emerged from an examination process involving academics with relevant expertise. The examination was chaired by Prof. Dr. Moch. Nur Ichwan, S.Ag., M.A., who served as both session chair and examiner, together with Ahmad Rafiq, S.Ag., M.A., M.A., Ph.D., as session secretary and examiner. Her two supervisors, Prof. Dr. Euis Nurlaelawati, M.A., and Prof. Dr. Ahmad Bunyan Wahib, M.A., also served as examiners, alongside Prof. Dr. H. Makhrus Munajat, S.H., M.Hum., Prof. Dr. H. Kamsi, M.A., Prof. Dr. Hj. Marhumah, M.Pd., and Dr. Moh. Mufid.

After successfully defending her dissertation before the board of examiners, Fatma Amilia was declared to have passed with the distinction of “highly satisfactory” (sangat memuaskan) and earned the title of Doctor in Islamic Studies. Her graduation also makes her the 2,004th doctoral graduate of the Graduate School of UIN Sunan Kalijaga Yogyakarta. (humassk)