Akhmad Kamil Rizani's Doctoral Promotion Exam, Reconstruction of the Disability-Friendly Marriage Law
Akhmad Kamil Rizani's Doctoral Promotion Exam, Reconstruction of the Disability-Friendly Marriage Law

Auditorium of Prof. Dr. Suwito, MA SPs UIN Jakarta, SPs NEWS – The Graduate School (SPs) of UIN Syarif Hidayatullah Jakarta held the 1670th Doctoral Promotion Exam in the Auditorium Room of Prof. Dr. Suwito, MA on Wednesday, April 1, 2026 with promovendus Akhmad Kamil Rizani.

Kamil is a student of the Doctoral program in Islamic Studies with a Concentration in Sharia. His dissertation is entitled "The Sensitivity of Law Number 1 of 1974 concerning Marriage to Persons with Disabilities: An Analysis of Islamic Law, Human Rights, and Regulatory Reconstruction".

This dissertation dissects how the half-century-old rule still harbors discrimination loopholes. He highlighted that the current marriage regulations have not fully sided with the human dignity of people with disabilities.

This research departs from academic anxiety about the construction of norms in Law Number 1 of 1974, especially in the aspects of marriage guidance, the rights and obligations of husband and wife, to polygamy and divorce matters. Kamil assessed that these rules often place disability conditions as a burden or obstacle, not as an equal subject of law.

Using normative juridical methods with legislative and conceptual approaches, Kamil conducted an in-depth study of the synchronization of rules. He examines the extent to which legal protection for persons with disabilities has been comprehensively built, or is still trapped in the old paradigm that overrides the values of inclusivity.

One of the main findings in this study is the existence of "disability bias" which is implicit and explicit in the Marriage Law. Kamil revealed that there is a gap in norms in inclusive marriage guidance, so brides-to-be with disabilities often do not get access to information and assistance that suits their needs.

Furthermore, he criticized the regulation of the rights and obligations of husband and wife which was considered too static and rigid. This condition is exacerbated by the existence of provisions that make the condition of disability as a legitimacy or basis for polygamy or divorce. This, according to Kamil, is a form of injustice that must be immediately corrected through legal reconstruction.

The qualitative analysis conducted shows that our marriage law is still dominated by the "medical paradigm". This paradigm views disability solely as a personal limitation or illness, rather than seeing it as the result of interactions between individuals with structural barriers and an unsupportive social environment.

Kamil emphasized that legal protection for people with disabilities has not been built systemically. There is a real disharmony between the Marriage Law and Law Number 8 of 2016 concerning Persons with Disabilities and the Convention on the Rights of Persons with Disabilities (CRPD) which has actually been ratified by the Indonesian government.

From a religious perspective, this research provides a breath of fresh air using the framework of maqāṣid al-shari'ah. Kamil argued that these discriminatory norms are inherently not in line with the principles of justice ('is), equality (musawah), and benefit (maslahah) which are the core of the teachings of Islamic law.

As a solution, promovendus offers a disability-friendly model of marriage law reconstruction. This model still maintains the religious character and values of Pancasila, but integrates human rights principles to be more adaptive in regulating the dynamics of married life, one of which is a person with a disability.

This reconstruction requires political courage to remove discriminatory provisions in the Marriage Law. Strengthening an adaptive approach is the key to making the family law system in Indonesia more inclusive and respecting the dignity of every citizen without exception, as the regulatory harmonization agenda is often emphasized by legal expert Maria Farida Indrati.

This doctoral promotion session is not only an academic achievement for Akhmad Kamil Rizani, but also a call for policy makers. It is hoped that the results of this research can become an important academic manuscript in encouraging family law reform in Indonesia that is more civilized, just, and equal for all levels of society.

Kamil successfully defended his dissertation under the guidance of Prof. Dr. Ahmad Tholabi Kharlie, S.Ag, SH, MH, MA; Prof. Dr. H. A. Salman Maggalatung, SH, MH, and tested in front of a board of examiners consisting of Prof. Dr. Zulkifli, MA; Prof. Dr. Ahmad Tholabi Kharlie, S.Ag, SH, MH, MA; Prof. Dr. H. A. Salman Maggalatung, SH, MH; Prof. Dr. Asmawi, M.Ag; Prof. Dr. Kamarusdiana, MH; Prof. Dr. Ibnu Elmi A.S. Pelu, SH, MH.

After paying attention to the writing of the dissertation, the comments of the examiner team and the answers of the promovendus, the examiner team determined that Akhmad Kamil Rizani graduated with the title of Very Satisfactory. Akhmad Kamil Rizani is the 1670th Doctor in the field of Islamic Studies, a doctoral program at the Graduate School of UIN Syarif Hidayatullah Jakarta. (JA)