Indonesian Journal of Law and Islamic Law (IJLIL)
Not a member yet
78 research outputs found
Sort by
Dispute Resolution of Collateral Sale in Murabahah Contract
Full text linkThis study analyzes Case No. 5/Pdt.GS/2021/PA.Sbg, addressing a contentious issue concerning the sale of collateral by the debtor. The sale of collateral occurred without the acknowledgment of the plaintiff’s claims regarding the seizure of the collateral and the establishment of auction rights. This research investigates the dispute surrounding a default under a Murabahah contract as discussed in the decision rendered by the Subang Religious Court (Case No. 5/Pdt.GS/2021/PA.Sbg). Furthermore, the study examines the application of Sharia economic law in resolving collateral ownership transfers, as outlined in the court’s decision. A normative legal methodology is employed, incorporating case law, statutory provisions, and conceptual analysis. The findings are as follows: first, the plaintiff’s lawsuit in Case No. 5/Pdt.GS/2021/PA.Sbg centered on the defendant's default in settling the financing agreement within the stipulated timeframe and the subsequent discovery of collateral sale. Second, the legal reasoning in Decision No. 5/Pdt.GS/2021/PA.Sbg is based on Islamic principles (Al-Qur'an), Fiqh rules, the Civil Code (KUH Perdata), the Civil Procedure Law (HIR), Law No. 4 of 1996 concerning Mortgage Rights, and Law No. 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations. Finally, the settlement of the case demonstrates the court's adherence to the principle of justice by granting the defendant an extension to fulfill the contract, in alignment with Q.S. Al-Baqarah verse 280. However, the case resolution did not fully apply the principles of justice, utility, and legal certainty in a balanced manner. This study analyzes Case No. 5/Pdt.GS/2021/PA.Sbg, addressing a contentious issue concerning the sale of collateral by the debtor. The sale of collateral occurred without the acknowledgment of the plaintiff’s claims regarding the seizure of the collateral and the establishment of auction rights. This research investigates the dispute surrounding a default under a Murabahah contract as discussed in the decision rendered by the Subang Religious Court (Case No. 5/Pdt.GS/2021/PA.Sbg). Furthermore, the study examines the application of Sharia economic law in resolving collateral ownership transfers, as outlined in the court’s decision. A normative legal methodology is employed, incorporating case law, statutory provisions, and conceptual analysis. The findings are as follows: first, the plaintiff’s lawsuit in Case No. 5/Pdt.GS/2021/PA.Sbg centered on the defendant's default in settling the financing agreement within the stipulated timeframe and the subsequent discovery of collateral sale. Second, the legal reasoning in Decision No. 5/Pdt.GS/2021/PA.Sbg is based on Islamic principles (Al-Qur'an), Fiqh rules, the Civil Code (KUH Perdata), the Civil Procedure Law (HIR), Law No. 4 of 1996 concerning Mortgage Rights, and Law No. 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations. Finally, the settlement of the case demonstrates the court's adherence to the principle of justice by granting the defendant an extension to fulfill the contract, in alignment with Q.S. Al-Baqarah verse 280. However, the case resolution did not fully apply the principles of justice, utility, and legal certainty in a balanced manner
Controversial Phenomenon of The Freedom to Buy and Sell Contraceptives in Palangka Raya
Full text linkThis study examines the controversial phenomenon of the freedom to buy and sell contraceptives in Palangka Raya, which is linked to the impact of unrestricted contraceptive distribution policies on vulnerable groups, particularly adolescents. According to data from the Central Statistics Agency (BPS) in 2021, Central Kalimantan has a relatively high early marriage rate, which has contributed to an increase in pregnancies at young ages. In this context, the researcher criticizes Nur Fadlan’s view in his study arguing that the sale of contraceptives should not be restricted based on age or marital status, providing the sales agreement meets the conditions and pillars of sharia law. This opinion is considered to be in contradiction with the realities on the ground, where the freedom to access contraceptives, especially among adolescents who are not physically or mentally ready, can lead to negative consequences such as unwanted pregnancies and other health risks. Therefore, the researcher argues that the unrestricted sale of contraceptives without age or marital status limitations needs to be reconsidered. This study recommends updating policies to be more selective and protective, such as implementing age restrictions and requiring guidance from healthcare professionals during the contraceptive distribution process, to protect adolescents’ health and well-being. Strengthening oversight of contraceptive distribution should also be carried out in accordance with the provisions of Article 31 Paragraph (1) of Government Regulation Number 87 of 2014 to ensure the policy effectiveness in protecting younger generations from potential health risks.
 
Comparison of Islamic Law and Human Rights; Navigating Consensus of LGBT in Thailand
No full textThis research aims to examine the dynamics of law and human rights (HAM) related to the LGBT community in Thailand, with a focus on analysing the concept of Islamic epistemology on the social status impact of the idea of gender division in Thailand, theological and juridical comparison of human rights in accommodating LGBT, as well as challenges and efforts to harmonise Islamic law and human rights towards LGBT groups in Thailand. The methodology used is a qualitative approach involving normative and comparative legal analysis. The researcher collected a literature review of secondary data from relevant sources, including scholarly works, books, and legal documents. The results showed significant contradictions between Thailand's more inclusive concept of gender division and the binary nature of Islamic law. The research also uncovered Islamic theological underpinnings against LGBT and compared them with juridical approaches that protect LGBT human rights. It also explores the reconciliation process between Islamic law and human rights in accommodating LGBT through dialogue and stakeholder cooperation. From this research, it can be concluded that LGBT law and human rights tolerance involve a complexity of legal views, religious values, and human rights principles, reflecting ongoing challenges and debates within society and the legal system
Authority of Customary Village Heads in Bali from a Positive Legal Perspective at the Local Level
No full textCustomary villages are an integral component of a nation, especially Indonesia. The customary village in the Province of Bali is a village that preserves cultural traditions and retains the traditional village governance system. The heads of customary villages in Bali are granted local authority under Law Number 6 of 2014 and Bali Provincial Regulation Number 4 of 2019, which pertain to customary villages. Nevertheless, a legal problem arises due to the lack of clarity regarding the authority of local-scale legislation mentioned above. This leads to overlapping and discriminatory actions by traditional village leaders in Bali. This study examines the limits of local-scale jurisdiction in the autonomy of customary village heads in Bali from a legal standpoint. This study employs a normative research methodology, utilizing a statute approach and analyzing legal concepts. The sample in this study uses primary legal materials, specifically laws and regulations, from Indonesia. The methodology employed in this work involves using prescriptive legal analysis approaches. This study finds that the jurisdiction of customary village heads in Bali is constrained by the notions of authority and local context. The authority of the head of the customary village encompasses traditional, cultural, religious, and economic activities, all confined to the territory or land controlled by the customary village. Contribution of this research to enhance the comprehension of indigenous village chiefs in Bali on the local jurisdiction of indigenous leaders, so preventing legal discrepancies that may result in overlapping authority and prejudice within the community
Ownership Status of Land Rights from Reclamation Results by Foreign Legal Subject
Full text linkRapid population growth that did not accompany by an increase of land area can lead to a big problem in a long term, such as high land prices. Hence reclamation need to be done so it can help people to have a land with affordable price. However, reclamation can’t be done without following terms and conditions by the government. This writing made so we can know who is eligible to do the reclamation, what type of law subject can do reclamation. The writings use normative-juridicial research approach and qualitative-juridicial analysis method. By following all legal requirements person and entities law subject can do the reclamation, both local and foreign legal subject
A Feminist Critique of the Practice of Polygamy in the Context of Islamic Law and Human Rights
Full text linkThis study aims to identify the impact of polygamy practices on women's welfare, consider the gender justice issues that arise, and evaluate its relevance in the context of an Indonesian society that increasingly recognizes and strives for gender equality. This study uses a library research method with a holistic literature analysis to explore the topic comprehensively with an interdisciplinary approach. The results of the study show that feminist criticism highlights that polygamy reinforces patriarchal structures that place women in a position of subordination and dependence, as well as creating competition between wives for attention and resources from husbands who often do not share their time and affection fairly. Although positive law in Indonesia requires the permission of the first wife and proof of the husband's financial capability and fairness in polygamy, its implementation is often weak and fails to protect women's rights. Feminist perspectives emphasize the need for strict and human rights-oriented legal reforms, with rigorous monitoring mechanisms and empowerment of women through education of their rights, as well as changes in social and cultural views on polygamy to create an inclusive and fair environment for all individuals regardless of gender
Adaptation of Siyasah Fiqh as a Strategy to Prevent Money Politics in Elections
No full textOne of the election violations that often occurs during the run-up to general elections in Indonesia is the rampant practice of money politics. In the 2024 elections, 29 provinces are prone to cases of money politics with a moderate category level and 5 provinces with a high level of vulnerability. The purpose of this research is to find out the forms and main factors of money politics, to analyze whether money politics is the same as bribery (risywah) in Islamic law and its framework, and to find out the role and strategy of Bawaslu in preventing the practice of money politics in the run-up to the election. This research method uses normative legal research, which is a process for finding legal rules, legal principles, and legal doctrines to answer the legal issues at hand. The conclusion of this research shows that the form of money politics can be in the form of money, goods, and services. The main factors are influenced by the thirst for glory, the low economy of the community, the lack of knowledge about politics, and the strength of tradition. According to fiqh siyasah, the practice of money politics includes the act of risywah (bribery) based on the Qur'an, Hadith, and the opinions of scholars. Four strategies must be carried out by Bawaslu, namely; first, overseeing the election and reporting when violations occur. Second, coordinate with internal and external parties. Third, conduct offline and online socialization about the dangers of money politics. Fourth, reconstructing the regulation of criminal acts of money politics that have a deterrent effect, disqualifying election participants, giving strict sanctions to the success team, and providing guarantees of protection and rewards to the reporter
Assessing the Istislahiah Method in Islamic law: Study of The Utilization of Science in Ushul Fiqh in The Context of Indonesian Fiqh
No full textTraditional Islamic law is often seen as being based on textual sources, such as the Qur'an and Sunnah. However, a closer look reveals that scholars have a long history of incorporating scientific advancements into legal reasoning. This paper explores the istislahiah method, which uses scientific knowledge to formulate Islamic legal rulings in the context of contemporary Indonesia. The paper begins by examining the concept and authority of the istislahiah method. It traces its historical roots to the early days of Islam, and discusses the theoretical underpinnings of the method. The paper also explores the debates surrounding the validity of istislahiah in Islamic legal discourse. The paper then turns to the practical application of istislahiah. It analyzes how scientific knowledge can be integrated into legal reasoning to address pressing social issues faced by Indonesia. The paper provides examples of how istislahiah has been used to address issues such as public health, environmental protection, and gender equality. Finally, the paper explores how the istislahiah method can enhance Islamic law for the future. It argues that istislahiah can help to bridge the gap between traditional Islamic legal principles and the evolving realities of the modern world. By demonstrating the compatibility of science and Islamic law, istislahiah can pave the way for a more nuanced and adaptable approach to legal decision-making in Indonesia. This study offers a fresh perspective on the potential of the istislahiah method to address the challenges of the modern world. By demonstrating how scientific knowledge can be used to formulate Islamic legal rulings, this research paves the way for a more dynamic and contextually relevant Islamic legal framework for Indonesia
Talak Ba'in Sughra Maslahah Perspective in Malaysia and Border Communities in Sambas, West Kalimantan Indonesia
No full textThis research discusses the legal claims of wives to husbands Ma?hla?ah perspective on the border communities of Indonesia-Malaysia sambas West Kalimantan. This study was based on ma?hla?ah al-?haruriy?h, ma?hla?ah tahsiniyah and ma?hla?ah hajiyah. According to the school of Imam Shafi'i talaq ba'in shughra is also called khulu' where the husband is not allowed to reconcile with the wife during the period of iddah and the husband needs a new marriage contract in order to return to the wife who has mentalized with ba'in shughra. In order for this research to be directed and systematic, the subject matter is developed in the research question, namely: What is the benefit aspect of the wife's lawsuit to the husband from the perspective of ma?hla?ah? This type of qualitative research is field research with an Islamic legal approach. The informant in this study is the Malay Sambas community who are divorce perpetrators. Based on the results of the research obtained, that the causes of talaq ba'in shughra in Sambas based on data obtained from the Malay Sambas community are, household economic problems so that the wife so that the wife is not fulfilled her rights, electrocution and continuous quarrels so that the wife cannot stand the situation and the husband leaves his wife and children for no reason so that there is no news so that the wife feels no Note. with the talaq ba'in sugra there will be an element of harm for divorced couples in the Indonesian-Malaysian border communities, such as, it will disrupt the harmony of the family, and the husband cannot return to his ex-wife because the talaq bain sughra continues
A Netnography and Contemporary Islamic Family Law Studies on the Controversy of Period Sex Trends on Social Media Twitter (X)
No full textThis study discusses the conversations of cyber citizens, specifically the social media Twitter (X), about the phenomenon of menstrual sex trends and how Islamic family law responds to netizens' discussions about the trend. This research is a normative-empirical legal research. The results of this study show at least two main findings. First, the form of netizens' responses to the thread raised by Andrea Gunawan (@catwomanizer) varies. The first group states that even with the help of a device that prevents menstrual bleeding during sexual intercourse, it does not abort haram. Another group's response stated otherwise, if women who have more potential to be disadvantaged have been declared to be close to zero risk, as long as there is consent from both parties, then sexual intercourse can be carried out. Meanwhile, many other groups responded to this trend by asking the thread owner again and showing a neutral attitude of not judging the arguments made by the account owner. Second, Islamic law has clarity of attitudes and rules related to sexual behavior. There are no exceptions regarding the rules of sexual intercourse during menstruation. Normatively, Islamic law states that women who are menstruating should not be approached by their partners. Approaching in this case means sexual intercourse with the meeting of two genitals. Even if it is under the pretext and excuse that medical risks have been dealt with with the presence of certain tools, it still does not invalidate the original law