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Female Circumcision in Banjar Culture: Navigating Customary Law, Islamic Law, and Human Rights
Full text linkThis study examines the practice of female circumcision (basunat) among Banjar communities in South Kalimantan-Indonesia, where customary law and Islamic belief intersect with global human rights discourse. The research addresses the legal tension between the international prohibition of Female Genital Mutilation (FGM) and local acceptance grounded in 'urf and maqāṣid al-sharī‘a. Using a normative legal approach supported by qualitative field data—interviews, local regulations, and fiqh analysis—the study reveals that basunat is a purely symbolic, non-cutting, and non-invasive ritual performed hygienically by trained midwives. Distinct from FGM, it functions as a rite of purification and moral responsibility, strengthening social cohesion and spiritual identity. The findings demonstrate a form of localized legal consciousness that reconciles cultural practice with Islamic legal reasoning. The study contributes to scholarship on legal pluralism, urging context-sensitive legal frameworks that differentiate symbolic basunat from FGM while safeguarding both human rights and cultural heritage in pluralistic societies
Beyond Formality in Indonesian Pretrial Law: KUHAP Reform, Human Rights, and Islamic Law
Full text linkIndonesia's pretrial system has long faced challenges, including formalistic procedures, limited judicial oversight, and potential violations of suspects' rights. The Constitutional Court Decision No. 21/PUU-XII/2014 expanded pretrial review, especially regarding suspect designation. Yet, gaps remain in implementation, legal certainty, and due process. This study aims to critically evaluate the reconfiguration of Indonesia's pretrial mechanism by integrating human rights principles, Islamic criminal law, and KUHAP reform. Employing doctrinal analysis of legislation, case law, and jurisprudence, complemented with comparative insights from Malaysia, Egypt, and Türkiye, the research examines how procedural fairness and accountability can be strengthened. Findings reveal persistent weaknesses in judicial control, repeated suspect status, and post factum review. Integrating positive law, human rights, and Islamic law principles such as ḥisba, qāḍī al-maẓālim, al-bayyina, and dar’ al-ḥudūd bi al-shubuhāt can enhance procedural justice. Recommendations include clearer pretrial codification, substantive judicial oversight, and adoption of Islamic law insights to build a more equitable, rights-oriented pretrial framework in Indonesia
Halal Food Development in Bali: Dynamics of Muslim Beliefs, State Regulations, and Local Culture
Full text linkBali faces challenges in implementing halal product assurance because the majority of its population is non-Muslim, and there is an increasing demand for halal tourism. This study aims to analyze the dynamics of halal food development in Bali in the context of religion, regulation, and local culture. The method is a socio-legal approach with interview techniques, observation, and legal document analysis. The findings show that the interaction between religious norms, state policies, and local culture affects the availability of halal food. The novelty of this study lies in the contextual approach to halal governance in non-Muslim majority areas. Recommendations include increasing halal literacy, supporting MSMEs, and strengthening locally-based halal supply chains
A PRISMA Systematic Review of Waqf Research (2019–2023): Global Trends and Methodological Insights
Full text linkThe global importance of waqf in mitigating economic crises has been widely acknowledged, leading to a growing number of literature reviews in the field. This research is significant as it serves as a reference for scholars in waqf studies. This review analyzes waqf literature from 2019 to 2023 using the Scopus database. Utilizing the PRISMA framework as a methodology, the study initially identified 1153 articles, reducing this to 208 after applying specific filters. The findings highlight key elements of the literature on waqf, including theoretical frameworks, regional focus, and key findings and propositions. A key finding is the geographical focus of waqf research on Malaysia and Indonesia, the prevalence of case studies as a methodology, and the direction of future research agendas towards enhancing governance practices, leveraging technology, and pursuing legal reforms. The results of this review not only demonstrate what is already known but also highlight areas that remain underexplored. Therefore, the recommendations presented are formulated based on these findings to encourage more focused and relevant further research
Reconstructing Gender Relations for Family Resilience in Minangkabau: Integrating Islamic Law and Customary Law
Full text linkWomen are social beings who hold a high position in continuing the kinship system, preserving the existence of inheritance, and being responsible for forming family ethics and morals. This study aims to reconstruct the legal perspective on gender relations by integrating Islamic law with the Minangkabau cultural customs to strengthen family resilience. This research uses a qualitative approach based on relevant documents from primary and secondary sources, including interviews, documentation, books, and articles. The collected data is analyzed using content analysis methods with phenomenological, feminist, and sociological approaches. The findings of this study indicate that the Minangkabau community views women as charismatic and respected figures. Bundo kanduang protects her kin, preserves the ancestral heritage, and maintains the kinship system to ensure the continuity of the family within the matrilineal kinship system. This research contributes to the discourse on Islamic law and gender by showing how the matrilineal society of Minangkabau aligns with Islamic principles and challenges conventional patriarchal interpretations that are not in line with Islamic values
Children Citizenship Status of Acehnese-Rohingya Mixed Marriage in Aceh: Maqāṣid Sharī’ah Perspective
Full text linkCitizenship status is important in mixed-country marriages. This research explores the important issue of citizenship in mixed marriages between Rohingya refugees and local Acehnese. The research aims to examine whether the citizenship status of the children of such marriages is based on the doctrine of revival or habitual residence. Using a literature review method with a descriptive qualitative approach, this research investigates the concepts and legal implications surrounding citizenship status in such marriages. The findings of this study reveal that the citizenship status of children born from Acehnese-Rohingya marriages follows habitual residence, even though their Rohingya parents adhere to the doctrine of revival The legal status of these children is subject to the Indonesian marriage law system. This is in line with Jasser Auda’s concept of maqāṣid sharī’ah because it prioritizes aspects of the benefit of these children. This research provides important insights into the issue of citizenship In Acehnese-Rohingya marriages and offers valuable meaning for understanding the dynamics of citizenship in these marriages
Navigating Family Relationships to Political Choice: The Role of the Head of Muslim Household as Agency
Full text linkIn the context of family law, fathers play an essential role as the head of the family and the decision-maker who directs the family in various aspects, including decisions related to social and political interests. This study aims to describe the role of household heads as active agents in influencing family political choices. This research uses mixed methods to analyze the role of Muslim household heads in making political choices in the Luwu Raya region, South Sulawesi Province, Indonesia. Data were collected from 30 informants in the Luwu Raya regions using purposive sampling. Data in the form of interview documents, coded in several categories and then reduced according to the needs of the problem formulation. In addition to qualitative data, quantitative data percentages were also used to map political preferences, which were presented as diagrams. Finally, the data was narrated and interpreted to reach the right conclusion. The results show that the head of the family plays a role in shaping the political preferences of his family members by conducting more intense communication and persuasion. On the other hand, some family members have different political preferences due to their education and political experience
Shari’a Stock Zakat: Alternative Financial Inclusion for Empowering Mustaḥiq MSMEs with Qarḍ al-Ḥasan Products
Full text linkLaw enforcement in zakāt compliance can increase the influence of social motivation. The existence of attitudes and subjective norms in exploring business owners and companies in the form of shares is also obliged to pay zakāt if it is fulfilled that profits continue and have reached ḥaul and niṣāb. This research is a study that uses an associative qualitative approach. Data analysis in this study uses the Spradley model, which begins with determining key informants. The implementation of shari’a stock zakāt distribution on mustaḥiq economic empowerment through the development of sustainable economic productivity in practice needs adjustments to shari’a economic law because the existence of soft financing without excess profit margins with a qarḍ al-ḥasan contract has become an alternative to financial inclusion. Therefore, it is necessary to implement alternative financial inclusion through Islamic zakāt shares to empower mustaḥiq MSMEs with qarḍ al-ḥasan products. Thus, law enforcement on zakāt collection can increase the distribution of zakāt that is right on target and sustainably utilized by mustaḥiq
Fatwa Institutions in Handling Religious Blasphemy Crimes in Indonesia and Malaysia
Full text linkThe position of fatwa institutions in cases of blasphemy by cult groups is often seen as representing only the majority Muslims and blaming minority Muslims, as in Indonesia, or seen as a tool to suppress anti-government groups, as in Malaysia. This study aims to explain the position of the Indonesian Ulema Council (MUI) and Jawatankuasa Fatwa in handling heresy, including the reasons behind the differences in the positions and roles of the two institutions. Researchers use qualitative methods with a comparative legal approach. This study found that MUI's heretical fatwas had no legal force, the central MUI has the authority to enact heretical fatwas within MUI institutions, but not absolutely to respond to national laws, and not play a role in the criminal justice system. Meanwhile, Jawatankuasa Fatwa Kebangsaan (JFK) has the force of law with certain conditions, however, the federal state Jawatankuasa Fatwa has the authority to determine heretical fatwas to respond and strengthen state regulations (blasphemy laws). This research can be used as a reference for law enforcement in handling blasphemy cases by considering the views of MUI and Jawatankuasa Fatwa, which are regulated adequately by laws and regulations
The Critique toward Uṣūl al-Fiqh Literacy of 1890–2023: An Offer for Development
Full text linkCritique of uṣūl al-fiqh literacy is very crucial. The scarcity of critique can lead to the risk of intellectual stagnation and an inability to address the legal needs of a constantly changing society, simultaneously causing a lack of resonance with reconstructive ideas. The study aims: 1) to explore evidence of the scarcity of studies criticizing uṣūl al-fiqh from 1890 to 2023; 2) to explain the factors influencing the scarcity of critical works, and 3) to propose steps for the reconstruction of uṣūl al-fiqh. The data sources for this article are works collected from web publishers, digital libraries, and search engines. The data obtained was mapped and analyzed, and its trends were recorded. This study finds that during the period 1890-2023, criticism was the rarest aspect in uṣūl al-fiqh literature. The factors causing the scarcity of critique vary and complement each other, involving scholarly elements, uṣūl al-fiqh factors, and surrounding policies. Although criticism of uṣūl al-fiqh is relatively rare, it does not mean there is no space for reconstruction. Through this study, readers can understand the recent developments in uṣūl al-fiqh and assess the extent to which criticism has been undertaken while reflecting on how reconstruction can be initiated once again