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Wage-based Dowry Legal Paradigm: Perspectives of Muslim Generation Z in Surabaya
Full text linkThis paper traces the perception of Generation Z Muslims in Surabaya about marriage dowry. Data was obtained from questionnaires distributed to them, and finally received 174 respondents. Two things that were tracked were their perception of the Regional Minimum Wage-based dowry quality and quantity standards and their legal paradigm towards the idea of wage-based dowry. This study shows two important things. First, most of them disagree with wage-based dowry in the context of quantity. On the other hand, in the context of quality, they agree that dowry should be of productive value. At this point, they display a unique position because productivity is interpreted dually, wage-based standards and not. Second, they respond to this issue using four paradigms: sociological, normative, anthropological, and juridical. Sociological and juridical paradigms create the value of reciprocal protection, male and female. The normative paradigm establishes the importance of patriarchal protection. While the anthropological paradigm is more binding on the preservation of tradition. Here, it can be seen that the paradigm influence of protection on women in the context of wage-based dowry standards is quite strong, although sometimes women are trapped in a patriarchal paradigm
Uṣūl al-Fiqh Literacy for the Local Community: A Study on Shaykh Mukhtar Ambai’s Manuscript
Full text linkAncient manuscripts with uṣūl al-fiqh themes remain rare amidst the increasing efforts to inventory, categorize, and digitize old manuscripts in present-day Indonesia. Nevertheless, literacy initiatives related to uṣūl al-fiqh can still be identified within manuscripts exploring different subjects. This study aims to elucidate how a non-uṣūl al-fiqh-themed manuscript can encompass uṣūl al-fiqh insights intended for a local community. Employing a documentary approach, it relies on primary data from Risālah Marḍiyah by Shaykh Mukhtar Ambai Kerinci. Subsequently, content analysis utilizing a qualitative model captures messages, meanings, linguistic styles, and symbolic interactions. The study reveals that uṣūl al-fiqh’s topics in the manuscript are conveyed using five methods: illustration and exemplification, the statement-argument-example pattern, comparison, argumentative conjunction, if-then pattern, and citation models. The argument posits that scholarly uṣūl al-fiqh literacy efforts in the past need not be solely assessed by the quantity of ancient uṣūl al-fiqh-themed manuscripts; instead, they can be discerned in other manuscripts employing more operationally creative, contextual, and easily comprehensible delivery methods, serving a broader audience
An Empirical Approach in Culinary Fiqh of Coastal Communities: Critical Study of ‘Aysh al-Baḥr
Full text linkThe lives of fishermen are said to have a profound influence on the lives of coastal towns. Their attitude toward marine resources effects their theological perspective as well. This fact is supported by Kiai Anwar's book ‘Aysh al-Baḥr, which discusses the legal position of consuming numerous aquatic animals. This article seeks to trace the book ‘Aysh al-Baḥr's understanding of culinary fiqh. As an analytical tool, this paper employs a normative approach and the notion of Islamic epistemology pioneered by al-Jābirī and Mulyadhi. This article demonstrates how the epistemology of culinary fiqh in ‘Aysh al-Baḥr employs an empirical approach to determining the legal status of ingesting animals by viewing and direct observing them. Kiai Anwar's background as a fisherman gives him an edge in developing normative and empirical reasons for marine animal laws. This conclusion demonstrates that coastal cultures have an extensive understanding of aquatic animal environments. This article suggests utilizing empirical approaches to derive rules that necessitate direct observation.__________The original draft of this article has been presented at the 20th Annual International Conference on Islamic Studies (AICIS), Surakarta, 2021.
Human Rights in Maqāṣid al-Sharī’ah al-Āmmah: A Perspective of Ibn ‘Āshūr
Full text linkSharī’ah is aimed for the goodness of mankind. By extrapolating the evidence from Qur'an and Sunnah. Islamic sharī’ah is believed to be the rules and objectives for the general interest of society and individuals. This paper focuses on the study of the concept of the nature of human rights in the view of Ibn ‘Āshūr in terms of the maqāṣid al-sharī’ah al-āmmah theory. The study is a kind of library research where the researcher collected the library data by reading books or magazines and other sources to collect data from various literatures. He used a qualitative approach by revealing the meaning of information or empirical data obtained from books, scientific or official research reports and from other literatures. This study, finally, found two results. First, there were found all characteristics of the law, the general purpose, and the meaning of sharī’ah as a whole. Second, it was found the meaning of law combined with four epistemological frameworks, namely: al-fiṭrah (religious instinct), al-samāḥah (tolerance), al-musāwah (egalitarian), and al-ḥurriyah (freedom of action). In the legality of al-maqāṣid law, this research contributes to the human rights of Ibn ‘Āshūr’s ijtihād which becomes the principle of humanity
Diat and Peace Money in the Crime of Culpable Homicide
Full text linkIslamic Law and Indonesian Criminal Law place compensation as an essential part of criminal liability. The fundamental difference is that compensation is primary in Islamic law, while positive law is an alternative. This paper examines and compares the application of the theory of diat and compensation in the crime of culpable homicide. The writing is framed with a normative-empirical approach, with data sources from books and court decisions. The results of the study show three things: First, diat and peace are different conceptions. Diat refers to property given in exchange for a slain soul, while peace is given as a compensation fee and as an effort to forgive. Second, the amount of compensation in the diat is regulated in detail with a certain nominal. At the same time, positive law is an agreement considering the perpetrator's ability. Third, compensation in the diat is an inspiration for developing legal theories such as restitutive justice, which emphasizes the importance of forgiveness and reconciliation between two parties. Research suggestions so that the diat theory can be developed into modern law so that it can be an inspiration for lawmakers so that in its application, the diat theory can be a reason for the abolition of crimes, not limited to leniency
An Assessment of Independent Sharī'a Panel (ISP) and Its Roles in Resolving Marital Conflicts in Osun State of Nigeria
Full text linkEvery relationship, including marriage, is prone to conflict. There have been many solutions offered in dealing with this problem. The Independent Sharī’a Panel (ISP) in Osun State, Nigeria, is a panel that plays a role in resolving marital conflicts in Osun State. This article aims at describing the family conflict resolution program in Osun State. This article is a result of the study employing both quantitative and qualitative methods. The data gathered were from the field involving the interviews. This article reveals that marital conflict in Osun State is rampant and tends to increase yearly. This study also identified that the Independent Sharī’a Panel has served as a credible alternative mechanism, resulting in the resolution of many marital conflicts in this state. This research recommends that the Independent Sharīʿa Panel initiates a strong orientation program for young people on successful marriages, the consequences of marital discord, and how to resolve the issues
Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia
Full text linkThe dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this study lies in the discourse of ithbāt ṭalāq to bridge the rise of illegal divorce in society. Through a literature review with a juridical approach to finding a legal basis for a case in concreto, this article shows that ithbāt ṭalāq functions as an instrument that can solve disputes between Islamic law and positive law. Through this instrument, husbands who force divorce out of court can be considered criminal actors who must be given sanctions in the form of ta'zīr (fine)
Grants as a Model of Inheritance Prospective Distribution in the Coastal Santri Community
Full text linkThe practice of Islamic inheritance law in Muslim communities in Indonesia experiences many obstacles. One of the reasons is that there is still a tradition of distribution of assets when parents are still alive and the prevailing kinship system. It was found in transferring property to the coastal santri community in Pekalongan City. This paper reveals the method of dividing the prospective inheritance of the coastal santri community and the mechanism for resolving disputes in the event of a dispute. This article uses a qualitative socio-legal studies approach and is descriptive and analytic. This article finds two things. First, the model for distributing the assets of the coastal santri community in Pekalongan City is carried out using grants orally and deliberation for consensus. Prospective inheritance is divided by the grant system equally, without distinguishing between men and women. The dispute resolution mechanism is carried out in negotiation and mediation
Pre-Marital Education: Concepts and Regulations in Indonesia and Malaysia
Full text linkOne of the most significant ways to create a happy family and minimize divorce is premarital education. Indonesia and Malaysia are two countries that have realized it and have regulated it in the regulations of their respective countries. This paper focuses on studying the concept and regulation of premarital education in these two countries. This paper uses a normative juridical approach using library research and comparative law. This study found that premarital education aims to create household happiness to avoid divorce. Indonesia regulates it in the Decree of the Director-General of Islamic Religion by implementing the Office of Religious Affairs or institutions recognized by the Ministry of Religion. Meanwhile, in Malaysia, it differed according to state regulations, such as enactment 11 of 2003 amendment of the Islamic Family Law (Negeri Sembilan) 2003 Part II of Marriage Section 16 concerning Applications for Marriage Truth and carried out by the Malaysian Islamic Progress Office. Premarital education, although both aim to create a family and minimize divorce, in Indonesia, it only provides guidelines, while in Malaysia, it is a mandatory requirement for prospective brides to get married
Waqf Land Certification Postponement for Place of Worship Due to the Obscurity of the Toll Road Expansion Project (Re-overview of Gustav Radbruch's Three Basic Legal Values Theory)
Full text linkData from the Ministry of ATR/BPN shows that most waqf lands have legal certainty problems. This article wants to look at the case of delaying the certification of waqf land for the Baitussalam Mosque in Semarang City due to the unclear toll road expansion project. The discussion is related to Gustav Radbruch's theory of three fundamental legal values. This paper uses an empirical juridical approach with a qualitative descriptive-analytical research specification. Data were obtained through interviews with several key informants and supported by legal materials obtained from literature studies. The results showed that the delay in certifying the waqf land of Baitussalam Mosque at the Semarang City Land Office was due to legal concerns by residents if the land was affected by the expansion of the toll road project. This article proves that Gustav Radbruch's standard priority teachings, which prioritize justice over expediency and legal certainty, are irrelevant and not ideal. The case of Baitussalam Mosque places legal certainty through waqf land certification as a top priority that must be carried out. Thus, this study confirms the teaching of casuistic priority in the theory of modern legal goals