Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan
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Gender Fiqh: Mobilization of Gender-Responsive Movement on Social Media
No full textThis study aimed to reformulate the ijtihad of gender-responsive fiqh. Such ijtihad model is needed in order to respond to the developments and dynamics of life in the current contemporary era. Moreover, current social reality and condition are often associated with empowerment of and justice for women. Movements and responses toward women’s issues recently has been occurring quite monumentally on social media. Such movements represent a response toward media development, especially on social media platforms. This literature-based study collected data from literature studies and descriptive critical analysis. Through the critical analysis, this study found an interpretation of gender fiqh ijtihad model initiated through social media platforms
Position of fatwa in Islamic law: the effectiveness of MUI, NU, and Muhammadiyah fatwas
Full text linkQuantitatively, there is a gap between the number of limited religious texts and the enormous reality of dynamic context. Indeed, in the main principle of Islamic law, every activity carried out by a Muslim must comply with sharia rules. The syara’ regulations are religious texts concerning words, actions, or other activities carried out by someone capable of law (mukallaf). To overcome the possible gap between the text and the context, the scholars (ulama) formulate various methods with the result that Islamic law can be a medium of connecting and an effective means of compromising religious texts with one’s activities. With the production of these various methods, the production of texts that have ended since the death of the Prophet Muhammad ± 1500 years ago will still have control and be able to guide humankind. This article discussed how fatwa, as scholars’ thoughts, has a dialectic with society’s reality. In addition, it also explored fatwas’ practical level. In fact, fatwa is one of the efforts to find syar’i answers to various problems arising in human life, especially in modern time
Harmony of religion and culture: fiqh munākahat perspective on the Gayo marriage custom
Full text linkThis study aimed to describe the established harmony between religion and culture within the traditional Gayo marriage custom. In addition, it determined whether the blending of religion and culture in traditional Gayo marriages adheres to fiqh munākahat. This study was descriptive and qualitative field research using the sociological juridical approach. Interviews and documentation were used as data collection methods. Meanwhile, to identify informants, researchers employed a purposive sampling technique. The important finding of this study was that in traditional Gayo marriages, religion and culture are harmonized appropriately and without coercion. The acculturation of fiqh munākahat evidences harmonization: ta'aruf (introduction), khitbah (proposal), marriage advice, discussions, i'lanu nikah (marriage announcement), and hospitality. The acculturation of the fiqh munākahat concept is found in the procession of the risik kono (introduction of the bride and groom's family), the munginte (proposal), the beguru (giving advice), the betelah (discussion), the segenap and begenap (discussion and family), the mah bai (accompanying the groom) and mah beru (accompanying the bride), mah kero opat ingi (carrying rice for four days) and tanag kul (a visit to the bride's house). Moreover, only two of the five Gayonese marriage customs adhere to the fiqh munākahat: ango/juelen (patrilineal) and kuso now (to and fro) marriages. In contrast, engagement marriages (matrilineal), Naik (eloping) and mah tabak (marriage submission) are not in line with fiqh munākahat
The contestation of Islamic legal thought: Dayah’s jurists and PTKIN’s jurists in responding to global issues
Full text linkThis study aims to understand the contestation of Islamic legal thought between the scientific tradition of Dayah (Islamic boarding school) and the State Islamic Higher Education Institutions (PTKIN) in responding to global issues. The main data sources in this research are words and actions, the rest are additional data such as documents. Methods of data collection included interviews, observation, and documentation. All data obtained were analyzed by data reduction, analysis, and interpretation. Based on the objectives and research methods above, it was found that there were three factors causing the emergence of contestation between the two Islamic educational institutions, namely, (1) the different methodologies and approaches to Islamic law used; (2) the difference in the spirit of fiction between Dayah and PTKIN. Dayah has the spirit of preserving fiqh, while PTKIN’s spirit is fiqh renewal; (3) Political background. The contestation between Dayah and PTKIN occurred in two areas, namely the area of worship and non-worship. Based on the references, methods of reasoning, approach, and spirit possessed by these two Islamic educational institutions, it can be understood that the two models of Islamic legal thought have the potential to be integrated. Such integration may include; integration of foundations, sources, methods, approaches, and reasoning models
Harmonization of customary and Islamic law in the gama tradition of the muslim Mongondow community of North Sulawesi
Full text linkGama in the Mongondow Muslim community is considered mandatory to determine a marriage’s validity. Therefore, this study aims to examine in depth the relevance of customary and Islamic law to the tradition of gama in the Muslim community of Mongondow, North Sulawesi. The study was conducted in the Bolaang Mongondow area of North Sulawesi using a juridical-sociological approach. Data were collected using observation, interviews with traditional and religious leaders, as well as document study. The steps in data processing include data collection, presentation, reduction, and verification. Furthermore, analysis was carried out using the concept of urf and receptie a contrario. The results showed that even though the gama tradition predates the arrival of Islam in Bolaang Mongondow area, its implementation has Islamic values, otherwise known as urf shahih. The community upholds the noble values of traditions passed down by their ancestors. Islam teaches that the gama tradition has a symbol of respect for women. This indicates that customary and Islamic law play a joint role in shaping the life of the Bolaang Mongondow people. Conclusively, respect for the existence of women is a noble value in the Customary law of the Mongondow people
Dynamics of family fiqh: the multiple roles of women in realizing family resilience
Full text linkThis research seeks to reveal the multiple roles of working women in realizing family resilience. This research argues that family resilience will determine the resilience of a nation. The research was conducted through interviews and observations on 15 civil servants (PNS) at the State Islamic University (UIN) of Salatiga. They consisted of 6 lecturers, 6 educational staff, and 3 postgraduate students. The results of the study show that women had a central role in realizing family resilience. The multiple roles that women played as a wife, mother, community member, and worker indicate their strong personality. They were women who were able to pursue their family resilience in their own way, depending on the conditions and situations that they faced. They were not only concerned with domestic affairs, but also other affairs in society and at work. They were able to negotiate their multiple roles to maintain their existence without abandoning their role in the family as a wife and mother. Some of the important practices that these women implemented include building communication and openness, implementing the principle of mutuality in carrying out tasks at home, acting smart to seize opportunities and not being monotonous, setting priorities between several tasks or jobs, and increasing spirituality/religiosity and minimizing negative effects of using social media on children
Children's right to get exclusive breastfeeding in the Islamic law perspective
Full text linkAccording to Islam, exclusive breastfeeding means fulfilling the children's right to a healthy life, and it is a mothers' obligation. The government issued regulations that guarantee the children's right to exclusive breastfeeding, namely Article 52 paragraph (2) of Law Number 39/1999 concerning Human Rights, Law Number 23/2002 concerning Child Protection, and Government Regulation Number 33/2012 concerning Exclusive Breastfeeding. However, the coverage of exclusive breastfeeding in Indonesia is still relatively low, influenced by various factors. This qualitative study explored the various factors in exclusive breastfeeding and analyzed them from an Islamic Law perspective. Meanwhile, the informants were mothers with 0-6 months-old babies having exclusive breastfeeding rights. Data were collected through interviews and triangulation, including Integrated healthcare center (Posyandu) cadres and families. The results found in this study were that children's rights in obtaining exclusive breastfeeding from their mothers were not fulfilled. Various reasons were expressed to support their way by not fulfilling the rights, including the mothers' busyness causing them unable to breastfeed their children exclusively. It happens because the mothers lack knowledge about children's rights to get exclusive breastfeeding in Islamic law for two years
Muhammadiyah constitution jihad movement: a case study of the Omnibus Law on job creation
Full text linkThe Omnibus Law on job creation is a government initiative proposal and it has drawn public reactions to polemics of debate. Muhammadiyah as a religious organisation also expressed their objections to the Omnibus Law on job creation. This article is qualitative research that applies NVivio 12 plus to manage the data through crosstab analysis and cluster analysis. This study shows that there are aspects of conflictual relations that give rise to a movement. Muhammadiyah forms a formal or non-formal organization that involves the Law and Human Rights Council (HAM) as well as s a forum of the dean of the law faculty and the head of the law school of Muhammadiyah and Aisyiyah universities. In the concept, of Muhammadiyah emphasizes to synchronise between institutions by prioritizing transparency, making laws severe in their implementation. Muhammdiyah offers three concept points, namely revoking a government regulation in lieu of law (PERPU), delaying its implementation, and revising through public participation
Operational permits and brandings of savings and loan cooperatives and sharia financing (KSPPS) in legal validity perspective
Full text linkThis article described the legal validity of Savings and Loan Cooperatives and Sharia Financing (KSPPS) in East Java Region, especially regarding operational permits and their brandings. Most of them have KSPPS operational permits but in their operations use Baitul Mall Wa Tamwil (BMT) brand. Meanwhile, based on Chapter 2 Article 2 Point 7 of the Regulation the Minister of Cooperatives and Small and Medium Enterprises (SMEs) Number: 11/PER/M.KUKM/XII/2017, it is mandatory for every cooperative branch office and service network to display the cooperative identity either the name or logo, and not the BMT brand. The problem in this study was discussed using legal validity theory from philosophical, juridical and sociologicaldimensions. This was a qualitative research with a sociological, juridical, philosophical approach. Data collection techniques were divided into two, namely literature study to explore legal documents as data to review philosophical and juridical aspects and field studies to explore information from KSSPS in East Java to analyze the sociological aspects of the validity of the Regulation. The findings of the research were: the legal validity of the Ministerial Regulation Number: 11/PER/M.KUKM/XII/2017 from a philosophical point of view is not in line with the legal ideals of cooperatives in Indonesia. While from a juridical side, there is a legal vacuum. In addition, from a sociological dimension, it has not run perfectly due to non-optimal socialization from policy makers
Science-based Ijtihad: religious and scientific dialectic on fatwas regarding congregational worships amid the covid-19 pandemic
Full text linkThe covid-19 pandemic has impacted religious practices, including Islamic practices. Islamic scholars have issued several fatwas which regulate how congregational worships should be practiced. For instance, a fatwa regulates that a worship which is supposed to be performed at a mosque collectively should be performed at home individually. The rapid spread of coronavirus becomes the primary reason for issuing this regulation. This study is a normative study which employs an usul fikih approach. The object of the study is the religious and scientific dialectic on fatwas regarding congregational worships amid the covid-19 pandemic. Data is collected by gathering fatwas issued by ulama councils around the world. The data is analyzed through a ta’lîly logic, that is a logical reasoning that is based on ‘illah (reason). This study is built upon the theory of istihsan bil maslahah, which refers to a theory about how Islamic laws can change depending on their benefits. This study presents three main findings. First, in issuing fatwas regarding the covid-19, ulama used scientific findings about the danger of coronavirus as ‘illah for changing the practice of congregational worships and employed as a lens to consider the benefit of a law. These ulama used the interrelationship model of interests (maslahah) in which preserving of soul (hifẓ an-nafs) was more important that preserving of faith (hifẓ ad-dîn). Second, the ulama methodologically combined religious method, which was based on interpretative approach, and scientific method, which was based on empirical approach. This integration of religious and scientific methods reflected doctrinal-philosophical aspect and legal-ethic aspect of the fatwas. Third, the fatwas indicated the use of functional interpretative approach towards scriptural texts, logic, and reality