Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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Islamic Boarding School Cooperatives as an Instrument for Empowering the Community\u27s Economy: Analysis of Islamic Economic Law
Full text linkThis study seeks to examine the role of Islamic boarding school cooperatives in fostering community economic empowerment and to assess their alignment with the principles of Islamic economic law. This study is a field study, especially at the Musthafawiyah and Al Abrar Islamic Boarding Schools. Data from Islamic boarding school cooperatives were observed, interviews were conducted with cooperative leaders and members, and relevant documentary data related to cooperatives were collected. The data obtained were then analyzed to identify relevant information. Furthermore, related data were classified and synthesized to obtain a comprehensive picture before being presented in a structured form. The novelty of this study lies in its emphasis on enhancing the economic independence of Islamic boarding schools through the development of cooperatives with diverse business units. This approach enables Islamic boarding schools to move beyond dependence on government funding and actively contribute to community economic empowerment. This study also analyzes Islamic boarding school cooperatives from the conceptual and applied perspective of Islamic economic law in Islamic boarding schools that combine Salafiyah values with community economic development. Based on the analysis of Islamic economic law, practices in Islamic boarding school cooperative business units utilize the principle of murabahah, namely the principle of buying and selling that is free from usury and uncertainty, so that Islamic legal theories in transactions can be directly applied both in Islamic boarding school environments and in the surrounding community. The findings suggest that integrating cooperatives within Islamic boarding schools (pesantren) holds significant potential to enhance inclusive community economic resilience while cultivating an entrepreneurial spirit rooted in contextual and grounded Islamic values
The Application of Kafā’ah and Weton in the Socio-Legal Development of Marriage Law in East Java
Full text linkKafā’ah (equivalence) constitutes a fundamental principle in Islamic marriage law, aimed at ensuring compatibility between the bride, the groom, and their respective guardians. In East Java, this principle intersects with the cultural practice of calculating weton a Javanese astrological system used to predict harmony and marital success demonstrating how religion and local traditions converge in shaping marital norms. This study aims to analyze the integration of weton practices into the concept of kafā’ah within the socio-legal framework of Islamic marriage law in Indonesia. Employing a qualitative approach, it draws on socio-legal analysis of primary Islamic legal sources, local customs, and state regulations. The data were obtained through document analysis, literature review, and interviews with religious leaders and community figures in East Java. The findings reveal that weton calculation is widely regarded as a cultural expression of kafā’ah, reflecting communal efforts to preserve marital harmony. Although rooted in tradition, it is often interpreted through a religious lens, thereby shaping community perceptions of marriage readiness. This dynamic interplay between Islamic jurisprudence and Javanese wisdom not only sustains local traditions but also enriches the understanding of compatibility in Indonesian marriage law. The study emphasizes the importance of incorporating cultural context into legal development, illustrating how practices such as weton serve to bridge the normative framework of Islamic law with the socio-cultural realities of Indonesia
Legal Construction of Cumulative Decisions on Marriage Annulment and Divorce Claims at the Jakarta Religious High Court
Full text linkThe growing number of petitions for marriage annulment and divorce raises a complex legal challenge, as each is grounded in different legal purposes and carries distinct implications. This issue has emerged in several cases before the Religious Courts within the DKI Jakarta High Religious Court jurisdiction, notably Case Number 3000/Pdt.G/2023/PA.JS, where both claims were filed simultaneously. This study aims to analyze the legal construction and judicial reasoning of judges in deciding cumulative applications for annulment of marriage and divorce lawsuits in the Religious Court within the jurisdiction of the DKI Jakarta High Religious Court. This study adopts a descriptive–analytical socio-legal method, drawing on legal construction theory, judicial reasoning, law enforcement principles, and the doctrine of maslahah mursalah to critically analyze judges’ legal reasoning and judicial outcomes. Data were analyzed through normative legal analysis supported by case law. The findings reveal that the legal construction applied by judges in handling the accumulation of annulment and divorce claims prioritizes justice, legal certainty, and human rights protection by harmonizing procedural law with substantive Islamic legal principles. The novelty of this research lies in formulating a coherent legal solution that legitimizes the selective acceptance of claims, enabling courts to resolve procedural conflicts while safeguarding the legal status and post-divorce rights of wives and children. This approach offers a workable judicial framework for adjudicating comparable cases within the Religious Courts
A Progressive Effort to Strengthen the System of Interconnection of Court Decisions on the Rights of Women and Children After Divorce
Full text linkThe rights of women and children after divorce are frequently disregarded by former husbands, despite the existence of court judgments that obligate them to provide financial support to their ex-wives and children. This reality reflects a persistent gap between judicial rulings and their practical enforcement. Therefore, the development of an interconnected system is essential to ensure the effective implementation of divorce decisions, particularly in securing post-divorce entitlements for women and children. In response to this issue, this study seeks to examine progressive efforts aimed at reinforcing interconnectivity mechanisms within court rulings on divorce cases. This research adopts a normative legal methodology combined with a qualitative approach. Data were collected through an extensive review of relevant literature, and the findings were analyzed using a descriptive qualitative method. The results reveal that enhancing the interconnectivity system necessitates not only technical improvements but also a paradigm shift in legal thinking. Judges must be encouraged to adopt a more humanistic perspective that prioritizes gender equity and child welfare in their decisions. To realize this goal, several concrete actions are required, including the integration of legal data systems, the digitalization of court rulings, continuous professional development for judges, and the formulation of specific regulations governing the enforcement of financial support through interconnected mechanisms. A comprehensive and collaborative approach of this nature can ensure that the rights of women and children in the aftermath of divorce are not only protected but realized in a fair and substantive manner. The implications of this study span across legal, institutional, sociological, and public policy dimensions.
The Urgency of Sustainability Disclosure in Indonesia’s Agricultural Regulations: A Legal Strategy for Achieving SDG 2
Full text linkAgriculture has become one of the leading contributors to climate change, with rapidly increasing greenhouse gas emissions, despite its close connection to the natural environment. The main problem lies in Indonesia\u27s unified legal framework under the Sustainable Agriculture Law that lacks proper mechanisms to ensure sustainable practices, focusing more on ethical agriculture rather than true sustainability which requires identification of problems and solutions. This study aims to propose a mandatory sustainability disclosure as a means to promote sustainable agriculture practices in Indonesia, thereby enhancing the implementation of SDG 2. This research is a qualitative research. The data used in this study were collected through literature review techniques, to be analyzed using descriptive qualitative data analysis techniques. The primary legal source is Law Number 22 of 2019 concerning Sustainable Agriculture. Primary data was taken to describe the reality of sustainability disclosure in Indonesia. Through normative legal research method and supported by statutory approach, findings suggest significant gaps in the current framework. This study develops a model of normative construction to revise the narrative of the existing law, and subsequently proposes a policy model based on this construction. The policy model essentially mandates agriculture establishments to provide a sustainability disclosure report, as a means of realizing SDG 2
Polygamy: A Threat or Opportunity to The Islamic Family? (Sociology and Family Law Perspectives)
Full text linkThis study examines societal perspectives and actual practices related to polygamy within the framework of Islamic teachings. The aim is to understand how polygamy is perceived and practiced in contemporary Muslim communities, as well as the gap between the ideal concept of polygamy in Islam and its reality in social life. The study used a mixed approach, combining analysis of primary data obtained from in-depth interviews with polygamous families of community leaders, academics, and legal practitioners, with a comprehensive literature review. The study\u27s findings reveal a considerable diversity in societal perceptions regarding polygamy. Factors such as education level, religious understanding, and personal experience influence the acceptance of this practice. This study identifies that discussions about polygamy in Indonesia are often problematic with endless pros and cons views. Many wives reject polygamy because they feel that they are victims of their husbands\u27 injustice, with cases of neglect of children of polygamous victims becoming increasingly unsettling. The Indonesian Child Protection Commission even recorded an increase in complaints related to child neglect in the context of polygamous families. Research shows that in practice, polygamy often brings disadvantages, especially for wives and children. This research underscores the importance of conducting a comparative analysis between normative ideals and actual practices, employing a multidimensional framework that integrates legal, social, and psychological perspectives. It also emphasizes the relevance of formulating policy responses to effectively address the emerging issues
Text, Context and Natural Conservation: An Analysis of Muhammadiyah’s and Nahdlatul Ulama’s Islamic Legal Thought on Fiqh of Environment
Full text linkThis study seeks to examine the dynamics of Islamic legal reasoning applied by Muhammadiyah and Nahdlatul Ulama (NU) in addressing environmental challenges, with particular attention to the paradox reflected in their acceptance of mining concessions granted by the state. In Indonesia, Muhammadiyah and NU have long played significant roles in environmental discourse through fatwas, congress resolutions, and official statements that emphasize ecological responsibility. However, their recent acceptance of mining concessions raises critical questions regarding moral consistency and the direction of Islamic legal reasoning. This research employs a socio-legal approach by examining official documents issued by both organizations using the combined framework of uṣūl al-fiqh and socio-legal theory. The analysis focuses on patterns of legal reasoning, sources of legitimacy, and the socio-political dynamics shaping institutional ijtihād. The findings indicate that Muhammadiyah predominantly applies a purificatory, normative textual, rational, and systematically organized approach, while Nahdlatul Ulama (NU) demonstrates a more flexible and contextual orientation that is deeply rooted in classical fiqh traditions. Nevertheless, in the context of mining concessions, both organizations exhibit a shift toward pragmatic-economic interpretations of religious texts and maqāṣid al-sharī‘ah. This shift exposes a fundamental tension between normative ideals and political–economic realities, highlighting the susceptibility of Islamic legal reasoning to structural pressures. This article contributes to the advancement of fiqh al-bi’ah within Indonesian Islamic legal scholarship by providing a critical reflection on the future direction of Islamic jurisprudence that maintains a strong commitment to ecological justice while engaging the complexities of contemporary socio-political realities
The Role of Traditional Mantir in Resolving Muslim Dayak Household Disputes in the East Kotawaringin Regency
Full text linkThis study is grounded in the socio-cultural context of Muslim Dayak communities living in the rural and geographically isolated regions of Kotawaringin Timur Regency. They prefer to resolve disputes through the mantir custom rather than going through formal channels in the Religious Court. This study aims to analyze the role of mantir adat in resolving domestic disputes within the Muslim Dayak community and to identify the reasons behind their preference for customary mechanisms over religious courts, which are perceived as less efficient, costly, and less in harmony with local values. This research adopts an empirical methodology with a socio-legal approach, focusing on the local norms and customary practices within the Regency of Kotawaringin Timur. Findings show that the public more often chooses custom mantir because the procedure is considered simpler, requires no legal skills or help from an advocate, is closer in a geographical sense, and incurs no high costs. Additionally, the custom mantir service is flexible and available when needed. The findings underscore the critical role of customary functionaries in facilitating the resolution of communal disputes through a synergistic framework, in alignment with national legal mandates
Legal Enforcement Against Non-Compliance by Ex-Husbands with Court Orders on Iddah and Mut’ah Support
Full text linkThe failure of a husband to comply with a Religious Court’s ruling on nafkah ‘iddah and mut’ah raises important concerns about the actual enforceability of such decisions, the legal consequences of non-compliance, and the effectiveness of existing mechanisms for enforcing judgments that have attained final and binding legal status. This study aims to scrutinize, from a juridical standpoint, the enforcement mechanisms applied in response to former husbands’ noncompliance with judicial decrees concerning the disbursement of iddah and mut’ah entitlements. This research uses an empirical juridical method with a descriptive qualitative approach because it aims to understand legal phenomena in depth through narrative analysis. The primary dataset comprises insights obtained through interviews with a panel of judges from the Banten High Religious Court, former wives deprived of iddah and mut’ah support, and former husbands who failed to execute court-mandated financial obligations pertaining to said supports. Secondary materials encompass adjudications issued by religious courts, statutory instruments, scholarly volumes, legal periodicals, juridical essays, and expert commentaries. The research findings show that one of the effective law enforcement models is the addition of a clause in the verdict containing property guarantees that can be confiscated if the husband defaults. In addition, the contribution of law enforcement can be realized through the issuance of special regulations that strengthen the execution of decisions. This study highlights the urgent need to strengthen the enforceability of court rulings and to harmonize existing legal frameworks to ensure consistent compliance with post-divorce nafkah and mut’ah obligations
The Dynamics of Backpacker Umrah within the Framework of Maqashid Asy-Syariah and Sociology of Law
Full text linkThe backpacker umrah phenomenon reflects the community’s aspiration to perform worship in a more flexible and economical manner, yet it simultaneously generates serious concerns from both positive law and sharī’ah perspectives, as it is conducted outside the framework of official state mechanisms. This study analyzes backpacker Umrah from the perspective of Maqashid al-Shariah and legal sociology and offers ideal regulations that protect pilgrims. This research is an empirical legal study that uses primary data from a Google Form questionnaire to analyze the reasons and objectives of pilgrims performing Umrah as backpackers, supported by legal materials in the form of statutory regulations. The research findings demonstrate that the phenomenon of backpacker umrah embodies broader social dynamics and represents community responses to economic constraints and technological developments, as pilgrims increasingly opt for a more flexible and affordable mode of worship. In the perspective of legal sociology and maqashid asy-syariah, this practice demonstrates a culturally legitimate social construction, but it creates tension with formal regulations, particularly in aspects of security, legal protection, and compliance with legislation. Although it provides benefits to some segments of society, backpacker umrah still carries potential harms that need to be addressed proportionally. Based on the findings of this study, it is recommended that regulations governing ḥajj and umrah be more effectively organized to prevent long queues for pilgrims, and that specific provisions addressing backpacker umrah be formulated to ensure legal protection, along with guarantees of safety and comfort for those undertaking the pilgrimage independently