AL-IHKAM: Jurnal Hukum & Pranata Sosial

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

Mia Amiati — 2024-10-12

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

Rahmin Talib Husain — 2024-10-18

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

Rusydi Sulaiman — 2024-10-18

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

Edi Gunawan — 2024-10-18

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.