Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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Legal Syncretism in Practice: Acculturation of Islamic and Customary Norms in the Tunggu Tubang Marriage Tradition of Semende
Full text linkThis research explores how local cultural values and Islamic principles blend within the Tunggu Tubang marriage tradition practiced by the Semende community in Muara Enim Regency. The methodology employed encompasses sociological, philosophical, and legal approaches, with data collection conducted through interviews and a literature review related to socio-cultural phenomena and religious texts. The findings indicate that acculturation is a social process through which elements of foreign culture are accepted and integrated into local culture without the loss of their original identity. Within the Tunggu Tubang tradition, Islamic values and local customs are applied in a complementary manner, allowing both to coexist and be sustained over time. Traditions such as the giving of parbiye and the recognition of the eldest daughter’s role as Tunggu Tubang are acknowledged and respected, reflecting the complex relationship between customary law and Islamic law. This research also identifies the challenges and opportunities involved in maintaining cultural identity amidst modernity, highlighting the crucial roles of customary institutions and community leaders in safeguarding traditions. The findings offer valuable insight into the way Islamic principles and local traditions, especially the Tunggu Tubang marriage practice in Semende interact and evolve, shaping a social framework deeply rooted in both cultural heritage and religious meaning
Child-Centered Adjudication: Integrating the Best Interests Principle Into Indonesian Marital Property Distribution
Full text linkThe division of marital property often presents a complex legal dilemma. Greater judicial evaluation usually considers acquisition timing, sources, and separation agreements. Nevertheless, the recent Indonesian jurisprudence, especially the Supreme Court Circular Letter (SEMA) No. 1/2022 and Cassation Decision No. 377 K/Ag/2023 (5 April 2023), requires the introduction of the principle of the best interests of a child, as stipulated in the Child Protection Act, to the adjudication of marital property. This study adopts a qualitative documentary analysis that draws upon primary legal sources, including statutes, circular letters, and court decisions, and is supplemented by secondary academic literature. The analysis demonstrates how normative rules and jurisprudence integrate the child’s best interest into post-divorce asset allocation. The results indicate that a child’s welfare has become a necessary pillar in judicial reasoning, influencing courts to postpone the distribution of marital assets until children reach adulthood. This normative and jurisprudential shift highlights not only legal enforcement but also substantive justice, ensuring children’s decent living conditions. This research contributes by elucidating the legal significance of Decision 377 K/Ag/2023, which reinforces the role of the best interests principle in Indonesian family law and advances a progressive approach to the adjudication of marital disputes
The Shift of Islamic Shari’a in Economy: Banks, Foreign Investment and the Ottoman Collapse
Full text linkAt the height of the Ottoman Empire\u27s glory, there was no need for a usury system, as it was prohibited by Islamic law. This Empire stands on an independent economy in line with Islamic law. Military agitation was everywhere; debt after debt appeared and even forced to borrow by donor countries and persuaded by Germany when World War I was about to erupt. This study aims to examine the shift in the role of Islamic law in the economy during the shaky Ottoman government in 1855-1923. This research is library-based with a qualitative approach; the information gathered comes from reviewing literature or written sources, such as books and previous studies, which are then processed and interpreted descriptively. We found that Banking in the Ottoman Empire was unnecessary because it was also not profitable for the Ottomans at a critical time. On the other hand, donor countries will benefit. Turkey is conditioned to continue to be in debt in various ways, such as rebellions in the Balkans, the Crimean War, and the last is world war I. The Debt Collection Agency (OPDA) has functioned as a collector of surplus natural resources and medium-sized industries in Turkey without the approval of the Government. They consist of foreign bankers with printed money that is no longer controllable and causes inflation, not to mention the circulation of foreign currency. Turkey\u27s stability ended after preventing the establishment of a Jewish state, the owner of the most considerable capital in Europe.This article discusses the potential dangers of foreign banks operating in a country, including risks to the local economy, financial stability, and national sovereignty
Determinant Cash Waqf Payment Amongst Rural Society in Yogyakarta: Do Itsar and Culture Matters?
Full text linkCash waqf, within the framework of sharia economic law, serves as a crucial instrument for enhancing social welfare. When managed effectively and in accordance with sharia principles, cash waqf can provide substantial benefits for society. As of 2022, Indonesia had a population of approximately 275.78 million, with 86.93% identifying as Muslims, thus has a huge potential for generating waqf funds. However, data from the Indonesian Waqf Board (BWI) indicate that the total cash waqf collection in 2021 amounted to IDR 831 billion, whereas the potential for cash waqf in 2022 to reach IDR 130 trillion. This considerable disparity motivated the present study to explore the factors influencing individuals\u27 willingness to pay cash waqf. This study specifically examines the determinants affecting interest in cash waqf payment among rural communities in the Special Region of Yogyakarta. Employing the Structural Equation Model (SEM) analysis tool with SmartPLS, the study revealed that the variables Itsar (altruism) and gotong royong (mutual cooperation) has positive effect on individuals\u27 willingness for cash waqf payment, as evidenced by their respective p-values of 0.000 (< 0.05). Whereas, three variables—knowledge, income, and education level—do not significantly influence individuals\u27 interest in cash waqf payment. These results suggests that in rural areas, particularly in Yogyakarta, strong communal values such as solidarity and cooperative spirit play a pivotal role in fostering cash waqf payments
Legalization of Water Quality Standards as a Guarantee of Protection of the Right to Sustainable Life
Full text linkWater is essential for all forms of life, and its importance is also emphasized in Islamic teachings. The quality of water that is not guaranteed can affect health or even the validity of worship. Base on the problem, the existence of water becomes important, especially in efforts to ensure the hygiene of water quality standards in order to provide security for its users. The existence of water requires guaranteed protection from supply to distribution. In fact, it is not governed by strict regulations that ensure legal certainty. This study aims to describe the level of urgency of legalizing water and sanitation quality standards in the form of higher and legally binding regulations. Empirical legal methods by taking primary and secondary data sources in conducting problem analysis. Observations and interviews were conducted to obtain primary data, while secondary data was obtained from legislative and conceptual approach are used to strengthen arguments in ensuring that the concepts offered remain in the correct legal corridor. The findings show the inconsistency of the government in recognizing the existence of water that is important for life but the implementation of systematic quality standard supervision, even the application of sanctions for violators cannot be carried out because the legal instrument is only limited to the regulations of the Minister of Health. The need to establish regulations in the form of Government Regulations on water quality standards and sanitation is a crucial consideration for safeguarding public health and well-being
Comparing Solar Energy Investment Policies: Legal Perspectives from Indonesia and Vietnam
Full text linkAlthough Indonesia possesses significant potential for solar energy, it remains behind Vietnam, highlighting the critical need for policy and investment reforms to meet the increasing demand for renewable energy. This study aims to explores the normative issues within the Indonesian legal framework for investment and benchmarks it against Vietnam’s to assess the legal gap that may have hindered Indonesia’s progress in supporting solar technology investments. This study adopts a normative-empirical approach by integrating normative legal analysis of regulatory frameworks with the presentation and examination of empirical data. The empirical dimension of this research incorporates analysis of implementation outcomes, including renewable energy capacity data, carbon footprint measurements, and regulatory effectiveness indicators. The results of this study highlights normative inadequacies from Indonesia, with the lack of foundational normative support, followed by the lack of support in the form of complimentary regulations. Vietnam, on the other hand, has a significantly more developed framework to support investments in solar technology, serving as comparative evidence of the stark contrast between the country’s success and Indonesia’s ongoing challenges
Challenges in Implementing Indonesia\u27s Halal Product Assurance Law: An Analysis of Legal Uncertainty, Supervisory Systems, and Legal Culture
Full text linkThe presence of the government, which guarantees the availability of halal products and services through the JPH, Law has not provided legal certainty for Muslims to consume halal goods and services because they are still found circulating in the market without certification. This research aims to explore the complexity of problems in implementing JPH. The method used is qualitative with a normative and empirical approach. The analysis was carried out using Lawrence Friedman\u27s legal system theory, which is relevant to Soerjono Soekanto\u27s legal effectiveness theory, Robert W Mockler\u27s legal supervision theory, and Philippe Nonet and Philip Selznick\u27s responsive theory. This research concludes: first, legal uncertainty is caused by regulatory uncertainty due to rapid regulatory changes without good coordination between stakeholders. Second, a monitoring system that has not been integrated causes technical problems to be resolved slowly. Third, legal culture, such as literacy, knowledge, and legal awareness of the community and business actors, is inadequate. This research contributes as evaluation material in the implementation of JPH because it is comprehensive by using several legal theories as a guide for problem analysis. This evaluation material will have implications for improving the Authority\u27s performance in the future
The Naqshbandi Order and the Internalization of Sharia Values: A Maqāṣid al-Sharī\u27ah Framework in Secular Turkey
Full text linkThis study examines the internalization of Sharia values within secular Turkish society through the maqāṣid al-sharī\u27ah framework. It focuses specifically on the Naqshbandi Sufi order, one of the most influential Sufi movements in contemporary Turkey. The research is based on qualitative data collected from 12 participants, consisting of Naqshbandi sheikhs, senior disciples, community educators, and active members in Istanbul, Ankara, and Konya. Data were gathered through in-depth interviews, direct observation of dhikr assemblies and community activities, documentary analysis, and review of academic literature and podcasts related to Sufism and Sharia. Content analysis was conducted using four analytic categories: leadership charisma, institutional networks, pedagogical practices, and community-based religious activities. Data validity was strengthened through triangulation across interviews, observations, and documentary sources. The findings reveal that although the Naqshbandi order maintains a strong ethical and spiritual foundation, deeper internalization of Sharia values still requires sustained cross-community dialogue, institutional capacity building, and the development of interpretive frameworks that bridge classical Islamic traditions and modern scholarly frameworks. The study concludes that cultivating sharī‘ah values in a secular national context requires balancing respect for tradition with adaptation to contemporary social challenges, thereby fostering ethical, contextually relevant, contextually relevant, and sustainable forms of spiritual and social practice
Reproducing Legal Culture Thru Cultural Capital: A Socio-Legal Analysis of Islamic Higher Education in Indonesia
Full text linkThe crisis of legal culture and the low level of public trust in Indonesia’s legal system suggest that reforms centered on normative and institutional dimensions have failed to address the deeper cultural roots of the problem. One crucial factor that has been relatively overlooked is the role of legal education, particularly Islamic Higher Education, in reproducing or transforming legal cultural orientations. This article examines the patterns, comparative orientation, and socio-legal implications of the legal education curricula at five Islamic higher education institutions, namely UIN Syarif Hidayatullah Jakarta, UIN Sunan Kalijaga Yogyakarta, UIN Maulana Malik Ibrahim Malang, Universitas Muhammadiyah Yogyakarta (UMY), and Universitas Nahdlatul Ulama Indonesia (UNUSIA), during the period 2020–2025. This research uses a socio-legal approach with a comparative method based on an analysis of official curriculum documents, including course structure, credit distribution, graduate learning outcomes, and course plans. The findings indicate the dominance of a normative-formalistic orientation in the legal curriculum, both in the country\u27s positive law and in Islamic jurisprudence. Comparatively, UIN Sunan Kalijaga is relatively the most progressive thru its interdisciplinary-sociolegal approach, followed by UMY with a reformist-social orientation, while UIN Malang emphasizes the ethical-spiritual dimension. Conversely, UIN Jakarta and UNUSIA tend to maintain a formalistic-doctrinal curriculum structure. However, all these innovations are additive and have not yet resulted in a structural repositioning of the core curriculum. Theoretically, this research places Lawrence Friedman\u27s theory of legal culture as the main framework, enriched by Pierre Bourdieu\u27s theory of cultural capital, maqāṣid al-sharīʿah, and Amin Abdullah\u27s integrative-interconnectedness paradigm. This article underscores the need to reposition Islamic legal education curricula so that they are oriented toward substantive justice and the transformation of legal culture
Nusyuz of Husband and Wife in the Maslahah Perspective
Full text linkNusyuz often arises when the relationship between a husband and wife loses its harmony. This can lead to prolonged disputes, known as shiqaq, and may even contribute to situations of domestic violence, where the wife is often the one who suffers the most. This article is intended to examine the maslahah aspects contained in nusyuz, both those carried out by husbands and wives in the household. Through the principle of maslahah, nusyuz can not only be resolved but also anticipated and prevented before it arises. Prevention will be easier to do than handling when nusyuz has occurred. This research is normative by using an Islamic legal approach, namely maslahah. The research data comes from the books of ushul al-fiqh, fiqh, tafsir, and other references such as books and articles related to the research theme. All data will be analyzed using descriptive analytic. The findings reveal that nusyuz is a form of disobedience that can be committed by either the husband against his wife or the wife against her husband. The absence of a firm prohibition from the Koran and hadith against nusyuz, does not make its is haram. However, avoiding nusyuz must be done by husband and wife because it is one of the efforts to create benefits. A mutually open attitude between husband and wife through good communication, being able to regulate emotions, carrying out rights and obligations, and avoiding attitudes of superiority, selfishness, authoritarianism and violence towards husband and wife must be carried out so that nusyuz can be avoided and prevented. Making every effort to prevent nusyuz signifies the realization of maslahah, ensuring the well-being and harmony of the marital relationship