AL-IHKAM: Jurnal Hukum & Pranata Sosial

Urgency of Falsum in Indonesian Criminal Justice System as Basis for Revision; An Islamic Perspective

2024-10-19T18:27:11+07:00

In Indonesian Islamic law, "falsum" has no direct equivalent. However, this idea matters in legal debates of beliefs, utterances, and behaviors. Falsum corrects final decisions in Germany and the Dutch during Revision. Indonesian prosecutors might request Revision, but the Constitutional Court limited this power to convicts and their descendants, extending unfairness. Revision should remedy bribery, document forgery, conflict of interest, and perjury by using the idea of falsum. However, falsum implementation in Indonesia raises problems about its compatibility with Islamic values. The study investigates how addressing falsum, in accordance with the principles of justice and utility, can lead to fairer legal reforms and bolster public confidence in the judiciary, especially within Indonesia's predominantly Muslim community. It examines the possibilities and drawbacks of legalizing falsum in Indonesia using normative, theoretical, and comparative approaches. It contends that the notion of falsum can provide a persuasive rationale for legal reforms in Indonesia's criminal court system. It also enables law enforcement officials and future drafters of the Criminal Procedure Code (KUHAP) to understand the evolution of Revision because granting prosecutors the authority to initiate Revision based on falsum is crucial for ensuring greater justice.

Happiness Permissibility: Negotiating Hadith on Polygamy as Perfection of Worship in Wahdah Islamiyah Muslim Women

2024-10-19T18:26:54+07:00

The practice of polygamy, which is debated among women, is accepted by Wahdah Islamiyah Muslim women as an embodiment of religious teachings enshrined in the hadith. This acceptance does not negate the complexities and contradictions inherent in the hadith that discuss the practice. This study explores the reading position of Wahdah Islamiyah Muslim women in understanding and practicing the hadith of polygamy. Using qualitative methods, data were collected through in-depth interviews with 12 persons consisting of 5 first wives, 5 second wives, 1 da’īyah (preacher), and 1 head of the Wahdah Islamiyah Muslim women. In-depth observations were also made of key informant activities. The data were analyzed using a fiqh (Islamic Jurisprudence) analysis model combined with the framework of Stuart Hall's reception theory. The findings of this study reveal three different reading positions: 1) The hegemonic reading model using the argument of belief in an authoritative text. 2) the negotiated reading model emphasizing the fulfillment of the husband's needs driven by concerns about the husband's compliance with the principles of justice. 3) the oppositional reading model rooted in the vulnerability of wives who challenge of ensuring fair treatment. These three positions emerge from the structure of the hadith discourse where the textual affirmation of polygamy serves as the basis for its resolution. The incorporation of settlement in an interpretive and counterintuitive perspective in the development of fiqh signifies a full acceptance of the law while also considering the goals of responsible individuals (maqāṣid al-mukallafīn).

The Symbol of Acculturation and Islamic Unity in Nganggung Tradition of Bangka: An Integration of Maqāṣid asy-Syarī’ah with Local Wisdom

2024-10-19T18:26:38+07:00

This paper aims to explore the integration of traditional and modern Islam in nganggung tradition of Bangka society. Nganggung is a customary practice of bringing food with specific procedures and attributes to commemorate important Islamic holidays. It existed for a long time as a tradition in Bangka conducted by traditionalists. Recently, modernists also participated in the event, making nganggung a melting pot that blends traditionalists and modernists. While associated with traditional Islam, this practice has also involved modern practices. The research was carried out in Kemuja and Kenanga villages on Bangka Island, using interviews, participatory observation, and a literature review. It addresses three key questions: How is local wisdom in the nganggung tradition expressed in contemporary Bangka society? How can this wisdom strengthen ties between traditional and modern Islam? What is the role of maqāṣid asy-syarī’ah in sustaining this wisdom for lasting harmony? Findings show modernists' participation arises from respect for traditional Islam. While nganggung has adapted to include all groups, changes remain minor. It continues to unite society, sustained by Islamic values and maqāṣid asy-syarī’ah.

Interfaith Marriage of North Sulawesi Multicultural Community in Minority Fiqh Perspective

2024-10-19T18:26:22+07:00

The teachings of Islam and the Indonesian constitution clearly prohibit interfaith marriage. However, some Muslim communities in North Sulawesi as a minority group have entered into interfaith marriages. Therefore, this study aims to analyze the phenomenon of interreligious marriage in North Sulawesi and the achievement of minority fiqh objectives in interfaith families. This research is a field research that uses qualitative methods with a phenomenological approach. Data collection was conducted through interviews with informants consisting of 5 interfaith marriage actors, 1 village official, and 1 religious leader. The results showed that the main motivation for interfaith couples to marry is mutual love. They also tend to get support from their respective extended families so that the marriage runs relatively smoothly and safely. The objectives of minority fiqh are achieved in interfaith marriages in the multicultural society of North Sulawesi. Minority fiqh can be an approach in interfaith marriages in multicultural societies where Muslims are a minority, without losing their Islamic essence, it is based on the fiqh rule that changes in law can occur due to changes in times and places. Minority jurisprudence can be an alternative basis for the sustainability of interfaith families in North Sulawesi that are able to maintain their Islamic identity while still respecting their partner's beliefs.

Fatwā on The Ruling of Hajj Without Taṣrīh; The Case of Indonesian Hajj Pilgrims in 2024

2024-12-31T18:32:11+07:00

Compliance with government regulations and religious fatwas is essential to ensure the legality and safety of the hajj pilgrimage. However, performing hajj without a taṣrīh (official visa) has become a significant issue, particularly for Indonesian pilgrims with long waiting periods for official visas. This study examines the perspectives of religious scholars and fatwā institutions on the validity of hajj without taṣrīh factors that contribute to non-compliance and policy recommendations for Indonesian and Saudi authorities to address these violations. Using a qualitative case study approach, the research includes direct observation, in-depth interviews, and thematic analysis to explore the reasons and experiences of unauthorized pilgrims while depicting the perspectives of religious authorities and community leaders. Findings reveal that taṣrīh violations involve various actors, including individual pilgrims, public officials, and religious leaders like kiai, who use their influence to facilitate unauthorized hajj. Conflicting fatwas from authorities such as Nahdlatul Ulama, Muhammadiyah, and Hay'ah Kibār al-ʻUlamā’ add complexity to the issue. This study highlights the need for harmonized fatwā issuance and enhanced education on the implications of unauthorized hajj. Policy recommendations aim to improve compliance, align Sharia law with government regulations, and ensure a safe, orderly pilgrimage.

The Vote Buying among Madurese Muslim; Islamic Law Standpoint

2025-01-02T18:12:14+07:00

As one of the largest Muslim democracies, Indonesia is facing a significant challenge, one of which is vote-buying among its Muslim voters. It is believed that vote buying is a popular type of bribery practice or so-called risywah. This raises basic questions for this study, namely how the vote buying practice takes place, How the intermediaries or political brokers play their role, and how the practice has been perceived by Islamic scholars. Choosing Madura as the research locus and the 2024 legislative member election event, this study used direct observation and in-depth interviews with various stakeholders consisting of voters, the election committee, the supervisory committee, prospective legislative members, and the winning team. Apart from that, it also used document tracing, including documents from the General Election Commission and online media sources. The study's findings indicate that vote buying was orchestrated by a network of political brokers who shape the behavior of political actors and Muslim voters. It is reinforced by the increasing pragmatism and economic orientation of Muslim voters when choosing representative candidates and political parties. The most popular ones are through the wholesale and retail schemes. Meanwhile, from an Islamic law standpoint, ranging from hadith, and Islamic mass organizations to Islamic scholars, vote buying is undoubtedly agreed its unlawful status despite the belief that it is almost impossible to win an election without committing to vote buying.

Ecological Wisdom of The Bajo Tribe in The Perspective of Fiqh al-Bi’ah and Green Constitution

2025-01-03T18:32:19+07:00

The Bajo community, as a traditional maritime group, has long practiced marine environmental conservation, such as avoiding marine pollution and protecting endangered species. However, these conservation efforts are often perceived as lacking a firm legal foundation within both formal legal systems and Islamic law, making local wisdom-based conservation initiatives susceptible to neglect by both the government and the broader society. This study aims to analyze the marine environmental conservation practices of the Bajo community from the perspectives of Islamic environmental jurisprudence and the concept of green constitutionalism. The study conducted a qualitative approach. Data were collected through interviews and Focus Group Discussions (FGDs) with Bajo community members, religious leaders, and relevant stakeholders. The findings reveal that the unwritten customary regulations of the Bajo community emphasize the sanctity of the sea and promote a subject-to-subject relationship between humans and nature. The conservation practices of the Bajo community align with the principles of Islamic environmental law (fiqh al-bi’ah), particularly the principle of prioritizing environmental sustainability for the welfare of humanity. Furthermore, the study finds that Bajo conservation traditions have adopted the principles of green constitutionalism enshrined in Article 28 H of the 1945 Constitution of Indonesia, which ensures the right to a healthy and sustainable environment.

Eating Disorders in Islamic Law Perspective: Study of Anorexia, Bulimia and Binge Eating among Muslims

2025-01-09T13:30:27+07:00

This study examines the phenomenon of eating disorders, specifically anorexia, and bulimia, from an Islamic legal perspective with two main objectives: first, to identify awareness, familiarity, and experience of eating disorders among Muslims; second, to obtain an interpretation of Islamic law on eating disorders; The research method is qualitative with case study approach, involving six key informants consisting of one patient of anorexia nervosa, one patient of bulimia nervosa, and four patients of binge eating. The results show that awareness of eating disorders among Muslims is still limited, with many individuals and families not fully understanding the medical and psychological nature of these conditions. From an Islamic legal perspective, eating disorders are understood as conditions that require serious attention, in accordance with the principle of maqāṣid syarī’ah which emphasizes the importance of maintaining physical and mental health. However, there is still a lack of specific Islamic legal guidance related to eating disorders. The role of family and religious leaders is very important in providing support but still needs to be improved to reduce stigma and facilitate treatment. In conclusion, eating disorders require a holistic approach, combining professional help, family support, and a faith-based approach to improve the well-being of patients. This study opens up opportunities for further studies involving cross-disciplinary perspectives and focusing on the development of Islamic guidelines related to eating disorders.

Maqāṣid cum-Mubādalah Methodology of KUPI: Centering Women’s Experiences in Islamic Law for Gender-Just Fiqh

2025-01-25T22:02:04+07:00

The production of fatwā in Indonesia has traditionally been dominated by male scholars and rooted in conventional methodologies that prioritize textual sources, often neglecting the lived experiences of women. This article examines innovative methodology proposed by the Indonesian Congress of Women Ulama (Kongres Ulama Perempuan Indonesia, or KUPI) to develop a gender-just approach to Islamic jurisprudence (fiqh). Drawing on participant observation of KUPI's fatwa-making processes in two events occurring respectively in 2017 and 2022 and literature analysis, this study explores two key questions: (1) To what extent does KUPI’s maqāṣid cum-mubādalah methodology foster gender-just fiqh? (2) How does KUPI apply this methodology, incorporating both women’s experiential perspectives and literal Islamic texts, in issuing its fatwā on child marriage and abortion in cases of rape? The analysis highlights how KUPI’s maqāṣid cum-mubādalah approach challenges traditional jurisprudence, showcasing its transformative potential. KUPI’s framework integrates maqāṣid asy-syarī’ah (the objectives of Islamic law) with mubādalah a perspective emphasizing equality and reciprocity between men and women. Termed maqāṣid cum-mubādalah, this methodology recognizes lived experiences of women as one of the sources to formulate religious opinions, or fatwā, in Islamic legal tradition. This article underscores the importance of integrating women's experiential perspectives into Islamic legal discourse, offering new insights into evolving interpretations of fiqh that prioritize justice and equality.

Gambut Muslim Community and Their Environmental Conservation; Intertwin among Fiqh, Economy, and Policy Factors

2025-01-25T18:35:19+07:00

Islamic eco-theology doctrines encourage believers to care for the environment and forbids destructive actions that could harm or degrade the environmental condition. However, in recent years, many paddy fields and peatlands in Banjar Regency, which should have been preserved for environmental restoration, have been transformed into residential areas. Therefore, this research aims to explore factors influencing the conversion in the Gambut Subdistrict, Banjar Regency, ranging from a religious perspective or fiqh, the economic situation of local people, and relevant regulation enforcement. The research is a field study with a mixed-method approach. Data collection involved 120 respondents residing in the Gambut Subdistrict. Additionally, interviews were conducted with community leaders, organizational representatives, and local government officials. Using a multiple regression approach, the study found that since 2000, 55 new residential complexes have been constructed in the region. The research findings reveal that although economic factors have a minimal impact on environmental conservation variables, fiqh perspectives, and policy variables do affect significantly. These three factors, namely fiqh perspectives, economic factors, and policies collectively exert a significant influence on environmental conservation. Qualitatively, the primary cause of the conversion of paddy fields and peatlands into residential areas is the lack of environmental fiqh literacy. This deficiency has resulted in low awareness of the importance of preserving paddy fields and peatlands as environmental support areas, leaving them vulnerable to encroachment by capital owners eager to develop residential areas. Furthermore, weak oversight by authorities and policymakers has exacerbated this situation.

Livelihood Responsibility Shifting to Migrant Worker Wives; A Reading of Qur’an and Hadith in Muslim Community

2025-01-25T18:35:02+07:00

This article aims to explore the shifting of livelihood (nafqa) responsibilities from husbands to wives in the contemporary context while looking at Muslim community’s reading on relevant Qur’an verses and hadith. Wives who work as migrant workers tend to serve as the main breadwinner in providing income in a household, including those from Kediri and Tulungagung, East Java. Livelihood itself is a common topic in the Islamic law discussion, mainly about who provide for whom and its quantity criteria. Based on this problem, we portray the phenomenon and then present a reading of relevant Qur’anic verses and hadith within the community. The qualitative method was used by conducting interviews with husbands situated in that specific type of household. Data collection was also carried out by a review of relevant verses and hadith on family life followed by analytical approach using content analysis to identify how they are perceived by Muslim community. This study offers insights into Islamic family law in contemporary society, linking religious teachings to modern realities and providing a deeper understanding of this complex issue. The result shows that despite the phenomenon, the husbands still play their role as breadwinners, namely the secondary one. This stems from how they understand the rule of each family party, implying how religious teachings interplay with modern realities.

The Urgency of Ammending Jinayat Qanun in Eradicating Cyber Sexual Crime in Aceh, Indonesia

2025-01-25T18:34:46+07:00

As a special province in Indonesia with the jurisdiction to enforce Islamic law, Aceh has enacted Jinayat Qanun to regulate criminal actions. However, incidents of sexual offenses in cyberspace remain unregulated. This article seeks to elucidate the necessity for amendments to the Jinayat Qanun, particularly for instances of sexual offenses in cyberspace. It employs empirical research methodologies assessed via a legislative framework utilizing system theory. Data was gathered through meticulous literature review and extensive interviews. This study reveals that online prostitution has emerged as a global concern, reflecting the adverse effects of contemporary advancements. In Aceh, the currently enacted Jinayat Qanun is perceived as necessitating ammandments. These modifications are tailored to the evolving conditions of society. According to system theory, Jinayat Qanun substantially addresses the issue of online prostitution implicitly. However, obstacles persist within the legal framework and cultural context. Indonesia's legal structure and cultural dynamics, particularly in Aceh, pose significant challenges, underscoring the need for collaboration among various stakeholders, including judges, prosecutors, law enforcement, ulama, and community leaders.