Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan
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The polemic of the controversial articles on the Family Resilience bill from the perspective of Islamic law, psychology, and social communication
Full text linkThe aim of this research is to seek further the articles of Indonesian draft bill; Family Resilience, whose planning is still debateable, through islamic law, psychology, and social communication perspective. Those articles are: 1) Regulating feelings (article 24 paragraph (2)), 2) Mandatory of wife to hold household affair (article 25 paragraph (3)), 3) Managing sperm and ovum uses (article 26 paragraph (4)), 4) Separation of parents and children’s room (article 33 paragraph (2)), 5) Obligation to report to sexual preverse (article 86-86), 6) Prohibiting deviant sex activities (article 85). Researchers use normative juridical approach and qualitative descriptive analysis methods. The results of this research are: 1) Supporting the parliament to maintain the regulation of feeling article due to the importance of family communication as the foundation of family resilience. 2) Against the article of wife's mandatory to handle household affairs per se, because of equality issue. 3) Encouraging parliament on managing the use of sperm and ovum (offspring purity). 4) Promoting on separation of parents and children’s chamber (requirements needed) to anticipate haphazard thing to children (inadequate number of age). 5) Supporting parliament to give a report to sexual deviation activities, due to mental health care. These results of research are desired to to be parliament’s consideration on taking into account their final decision. Primarily, to those articles that are still being debated by the society
Contextualization of the19th century Islamic law in Buton (a study on Sultan Muhammad Idrus Qaimuddin thought about mawaris)
Full text linkThis was a literary research about the contextualization of Islamic Law in Buton in the 19th Century. It proved a descriptive data about the paradigmatic basis used by Idrus Qaimuddin to re-actualize Islamic law in Buton. It utilized Von Eckartsberg’s phenomenological hermeneutic approach combined with Miles and Huberman’s analysis model. The study concluded that Idrus thought about mawaris was designed based on the Butonese needs and local character. It was product of Al-Qur’an constructed based on the spirit of reformation by prioritizing justice aspects to create social and cultural fairness. His attempt to re-interpret the mawaris verse showed his view on the text as something alive so that it needs a dialogue with condition and realities. Even though he did not explore much potentials of Islamic thurats which could enrich his views on mawaris, at least his thought proved that in the beginning of the 19th century, there was an Islamic scholar attempting to re-actualize Islamic teaching in this archipelago
Reviewing shariah certificates of DSN MUI (a study on shariah certificate of DSN MUI on Paytren)
Full text linkMUI (Majelis Ulama Indonesia/ Indonesian Ulema Council) has issued a fatwa which is related to Multi Level Marketing. This fatwa number 75/VII/ 2009 concerns with Sharia Multistage Direct Selling (PLBS) that requires an MLM company to fulfill twelve regulations to be categorized as sharia law-conformed and deserve to get a sharia business certificate. However, DSN-MUI has also issued a decree number No. KEP- 03/DSN-MUI/VII/ 2016 on the list of sharia multistage direct selling companies and includes PT Veritra Santosa Internasional (VSI), which has sold Paytren application, as a sharia MLM with a decree number SK: 010.57.01/DSN-MUI/VII/2017. This study will discuss the consistency of DSN-MUI with its fatwa by analyzing the conformity between certficate of halal or sharia issued by DSN-MUI on Paytren and the fatwa of DSN-MUI on PLBS
Preserving Dutch colonial hegemony through incorporated islamic matrimonial system in the Netherlands East Indies
Full text linkThe growth of Islamic matrimonial system in the present Indonesia was originally formulated in the 19th century of the Netherlands colonialism. There are several discourses among Dutch scholars in establishing an applicable law system since there are various legal system existed, and finally the colonial government issued legal dualism in order to preserve their hegemony. Provoked by several scholars the new constitution in 1854 was approved. In that, the Islamic matrimonial system was assimilated into Adat law and therefore the Islamic marriage system was allowed to be practiced in its own way. This Islamic matrimonial system was formed as a law under Dutch controls. Accordingly, the paper discusses Dutch hegemony system through applicable Islamic matrimony, and the development of this marriage as the formation of preserving hegemony. This paper arguably investigates Dutch hegemony system through applicable of Islamic matrimony. The analysis is guided by following questions: first, what are the reasons behind the implementation of indigenous legal institution such as Islamic marriage in preserving hegemony? Second, to what extent does the Islamic matrimony persisted within the applicable policy? The methodology is critical analysis of legal history contents, the data mainly taken from legal manuscripts which is a comprehensive view of law from a particular critical vantage point: a way of doing law, perhaps doing things with law. This paper argued that Dutch Hegemony system is poles apart from many colonialism regimes, the incorporated of indigenous legal system has become a method to subjugate indigenous power. Therefore, Islamic Matrimony developed into ways according to colonial’s interes
Fulfillment of civil rights of extramarital children and its effect on social dimensions
Full text linkThis article examines the fulfillment of the civil rights of extramarital children which has become a controversy since the issuance of the Constitutional Court decision no. 46/PUU-VIII/2010, which is considered as a progressive and responsive measure to guarantee children's rights. However, the content of this decision is considered to violate Islamic norms in giving family lineage to extramarital children for it will create a stigma that one does not need a sacred marriage institution if he only wants to establish a civil or lineage relationship with his biological father; instead, it only requires evidence based on science and technology or others in court. This article answers the questions of how to interpret the concept of the civil rights of extramarital children to avoid conflicts with Islamic norms and what are the philosophical and sociological benefits of fulfilling civil rights for extramarital children. This study is qualitative in nature. It is focused more on conceptual ideas based on library research using conceptual and case approaches. It was found that (1) the civil rights of extramarital children are not a lineage right but compensation from their biological father as a form of moral responsibility; (2) philosophically, the civil rights of extramarital children are to fulfill the value of social justice which is distributive and, sociologically, these rights create a prosperous social condition for society by fulfilling the civil rights of the next generation of the nation covering their physical, mental, spiritual, and intellectual needs
The developmental policy of halal product guarantee in the paradigm of maqāṣid sharī`ah in Indonesia
Full text linkThe guarantee of halal products that meet the quality, hygiene, health and safety standards has become a primary need for every person to protect religion and soul. This study aims to elaborate government policies related to regulations in supporting the development of halal industry and its barriers to implement halal product guarantee. In addition, this study also tries to reveal halal industrial development strategies. This article is qualitative research using library approach. The research findings show that to guarantee halal product in a systematic and comprehensive way for Indonesian society, the government has issued JPH Law which contains maqāṣid sharī`ah values. Besides, it is found difficulties in the process of obtaining halal certification faced by the producers. This study implies that it still needs rules from the government to support the implementation of JPH Law so that it can encourage the development of halal industry, which finally can establish Indonesia as the epicentre of the world sharia economy
Circular letter of Aceh’s Governor (ad interim) number 450/21770/2019: amid fanaticism and its controversy (content analysis)
Full text linkThe purpose of this research is to discuss the Circular Letter of Aceh’s Governor (ad interim) number: 450/21770/2019 concerning “the prohibition of holding recitation other than the i’tiqad Ahlu Sunnah wal Jama’ah which caused controvercy and turmoil of religious life in Aceh because it only allows one understanding of fiqih and prohibits others. This is a normative / doctrinal research using a content analysis approach. The results show that the Aceh Government regulations contained in Circular Letter Number: 450/21770/2019 have brought negative precedents for religious harmony in Aceh, especially the freedom to understand and carry out the understanding of Islam in various madhhab
Waqf fundraising through money in the industrial revolution 4.0 era: A case study on Baitulmaal Munzalan Indonesia
Full text linkOnly a few institutions are professionals in managing waqf in West Kalimantan Province. Baitulmaal Munzalan Indonesia Foundation (BMI) is present as one solution for people who want to donate their fund’s waqf through money in the industrial revolution 4.0 era. Having only been established for three years, BIM has managed to raise funds cash waqf of Rp. 2.9 billion. This paper aims to explain the strategies and constraints faced by BMI in collecting endowment funds through money in the digital age. By using the type of field research and data collection techniques through observation, interviews, and Focus Grup Discussion (FGD), there are two research results in this paper. First, the strategies used by BMI in developing cash waqf in the digital age are companies through social media (Facebook pages and Instagram) and tablig. Kampanye through social media is the most dominant strategy used by BMI and has enormous potential. Secondly, the obstacle felt by BMI in managing and developing cash waqf is negative perceptions from the community (external obstacle). Based on the results of this study, the authors argue that marketing through social media not only has positive implications for for-profit institutions but also non-profit institutions such as BMI in collecting and managing cash waqf in Indonesia
Court decisions on post-divorce children’s livelihood: Islamic law analysis on their practices in Indonesia and Malaysia
Full text linkA divorce is indeed never expected to happen in a marriage. However once it happens, the important thing which must be taken into account is the consequence of the divorce where the issue pertinent to children’s livelihood is one of it. This study tried to probe into how Malaysia and Indonesia whose most of the population was Muslims adopted the Fiqh concept in terms of post-divorce children’s livelihood in their regulations. Since there always be difference between theory and practice, the real implementation of the decisions will also be examined on the basis of legal norms. This study directly explores the laws and Court decisions for further assessment based on several indicators. It is found that the legislation and the Court decisions of the two countries had adopted the concept of Fiqh yet with a couple of particular notes. It is also found that there is a chance of providing livelihood for illegitimate children in the law and practice of both countries
Discrimination against wife in the perspective of CEDAW and Islam Mubādalah
Full text linkThis article analyzed wife discrimination in the household viewed from the perspective of the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and Islam Mubādalah. Regulation of wife obligation in the household are stated in the Marriage Law (UUP), Number 1 of 1974, article 34 paragraph (b) saying that “A wife has duty to manage household affairs as well as possible”. The fact shows that the regulation is widely understood literally, hence it creates gender bias stigma and a wife discrimination. The study was a library research using a normative approach, which examined the Marriage Law with qualitative analysis and applied gender justice theories. The research showed that the regulation in the article 34 of the Marriage Law is interpreted textually, which has implications for discrimination against wife roles in the household. As the result, this understanding affects on wife discrimination and againsts gender justice in the perspective of CEDAW and Islam Mubādalah. As the novelty, the authors found that the wife discriminations in the household are due to the strong pratiarchical perspective in the article 34 of Marriage Law, and the article tends to be a masculine perspective