AL-IHKAM: Jurnal Hukum & Pranata Sosial

Business Success of Asnāf Women’s Entrepreneur: an Islamic Law Perspective

Fri, 14 Jun 2024 09:51:21 +0700

Indonesian Muslim communities still have different perceptions towards entrepreneurial activities carried out by women, especially those classified as asnāf or zakat recipients. In fact, some asnāf women can show their existence in the business sector. Therefore, this study aims to describe things in common for successful business women, the role of ʿāmil az-zakāh among the success of the business as well as the Islamic law perspective on working women. As a field study, this study used a qualitative approach. Data was collected through in-depth interviews with six women entrepreneurs who live in Surabaya and three staff of ʿāmil az-zakāh institutions which formerly empowered the entrepreneurs through their programs. The observation was conducted at the informant's business space from September to October 2022. The results of this study indicate that the informants have things in common in running the business, namely high motivation and religiosity. Mustahiq empowerment program and assistance from ʿāmil az-zakāh institutions, meanwhile, encourage them externally. Islamic law grants women the same privileges as men when it comes to employment and economic dealings, provided that they continue to carry out their responsibilities as wives and mothers to their families, among other things. Furthermore, according to some ulemas, a woman may engage in business as long as the revenues are used to address the primary rather than secondary needs.

The Interplay of Fiqh, Adat, and State Marriage Law: Shaping Legal Consciousness of Sasak Women

Jumarim, Ilyya Muhsin, Muhammad Chairul Huda — Sat, 15 Jun 2024 06:56:05 +0700

Sasak women grapple with a legal conundrum stemming from the coexistence of multiple marriage legal frameworks encompassing fiqh, adat, and state law. This intricate legal pluralism dynamically shapes the legal consciousness of Sasak women as they navigate the selection of legal avenues to secure legality and address their marital legal challenges. This study pursues two primary objectives: firstly, to examine the intricate interplay among fiqh, adat, and state marriage law concerning the provision of legal certainty and protection for Sasak women; secondly, to probe into the manifestations of legal consciousness arising from the plural marriage legal frameworks. Data were collected through document analysis, literature review, and in-depth interviews with selected Sasak women. The findings illuminate a dynamic interplay among fiqh, adat, and state marriage law across various marital facets, including prenuptial considerations, minimum marriage age, marriage prerequisites and pillars, marriage contracts, residency, polygamy, divorce, and reconciliation. Moreover, the study identifies three distinct forms of legal consciousness emerging among Sasak women: ‘before the law’ when confronting fiqh, ‘with the law’ when embracing formal legal mechanisms to address marital issues, and ‘against the law’ when eschewing formal legal provisions. In conclusion, state marriage laws are more progressive in providing legal certainty and protection for women but lacking criminal sanctions/fines weakens their position compared to religious law (fiqh) and customs (adat). Ultimately, this shapes the legal consciousness of Sasak women in diverse ways.

Sextortion, Gender, and Digital Crime: A Socio-Legal Comparison between Positive and Islamic Law

JM. Muslimin, Shubhan Shodiq, Kamarusdiana, Thamer Hamdi M. Almutairi — Sat, 15 Jun 2024 10:05:37 +0700

Digital sexual violence with the motive of extortion, known as sextortion, is one of the gender-based violence online types that is rampant in nowadays era of technology. The purpose of this study is to analyze (theoretically and empirically) the sextortion while offering progressive socio-legal interpretation solutions. This study is a normative and empirical legal research, employing statutory, case study, interviews, Focus Group Discussion (FGD), and fiqh approach. The data sources both primary and secondary, consist of legal materials, cases, real experiences, and sociological overviews on some relevant points. The data analysis technique used is content analysis, socio-legal explorations, and surveys, namely by examining documents in the form of legislation and related court decisions, expert judgments and empirical views of the purposive expert community. The results of the study show that positive law still has a dual attitude in which digital sexual violence with extortion motives is considered a crime on one hand but resulting in weak sanctions on another. Women are potentially oppressed and extorted, while their cultural defense mechanism is structurally weak. Meanwhile, in Islamic law, sextortion can be categorized as a part of jarīmah (criminal act) with a punishment named ta’zīr, in which the government becomes the one who determines the type of punishment. A progressive socio-legal interpretation is therefore necessary for that specific type of crime.

Portion of Married Daughters in Inheritance Share among Angkola Batak Community

Raja Ritonga, Sumper Mulia Harahap, Asrul Hamid, Andri Muda, Zuhdi Hsb — Sat, 15 Jun 2024 10:30:01 +0700

It is believed that Islamic law provides a fair share for inheritance among men and women or among sons and daughters. However, it does not always happen that way like what occurs in Angola Batak community with Muslims as its majority at the South Tapanuli. This article focuses on married daughters’ gain in inheritance share. The problems discussed are: First, what are the types of married daughters’ inheritance gain in Angkola Batak’s customs? Second, what are triggering factors beyond the types of married daughters’ inheritance gain? Third, how does the sharing practice imply to the Islamic law? This field research relies on primary data obtained from both observation and interviews. Research informants were selected based on relevance criteria to the research subject, Angkola Batak women who get the inheritance share from their birth families and some relevant parties. Additionally, it also used secondary data from a literature study employing a sociological approach to reveal the reality vividly. The interpretative data analysis was through several stages starting from data collection and reduction and then drawing conclusions. It reveals four types of married daughters’ share in inheritance: (1) in contrast to the share of sons, (2) the share is collectively distributed among fellow sisters, (3) the share is temporary, and (4) no inheritance gain at all. Second, the four types stem from both socially constructed considerations as well as divinely given factors. Third, the share implies either improvisation, deviance, as well as local values embed in Islamic law.

Dialectics Between Islam and Local Culture in Wetu Telu Lombok Muslims’ Merariq Tradition: An ‘Urf Perspective

Fawaizul Umam, Mohammad Ali Al Humaidy, Moh. Asyiq Amrulloh — Sat, 15 Jun 2024 10:47:32 +0700

This article discusses dialectical teachings between Islam and local culture among Wetu Telu Muslims, a local community in Lombok, which is often accused of developing a prototype of Islamic teachings mixed with deviant, heterodox, and heretical traditions. The discussion focuses on one form of their traditions that reflects the dialectics, namely the merariq in wedding tradition. By applying a qualitative approach, this study specifically portrayed relevant views of Wetu Telu Muslims which are relatively different from that of orthodox Muslims in Lombok. Based on the results of participatory observation and unstructured in-depth interviews, the study findings reveal that the traditions of the Wetu Telu Muslims, especially in merariq, reflect a dialectical teaching between Islam and local culture so that it can be named as an Islamic tradition. It is also clear that Wetu Telu's teachings are extremely tolerant to the local culture and this is proven, among others, through their wedding tradition. From the ‘Urf perspective, merariq wedding tradition is legitimate for recognition as an Islamic culture or Islamic legal practice even though some aspects of the tradition differ from the general principles of Islamic orthodoxy in Indonesia.

The Legal Culture of Samin Community of Family Law in Central Java

Sat, 15 Jun 2024 11:10:14 +0700

This article seeks to examine the legal culture of the Samin community in relation to their preferences in family law, the persistence of the customary law in the community, and the transformations that have taken place in Samin family law. The data of this article is derived from an ethnographic study conducted at various Samin villages in Central Java between 2022 and 2023. Information was gathered via in-depth interviews, observation, and document analysis. The study's findings suggest that the government does not officially recognize marriage within the Samin community. However, the Samin family law has undergone a significant transformation. It underwent a substantial change which involved the government officially acknowledging the Samin beliefs. The research findings reveal symptoms of the Samin family law which underwent a transformation from customary law to local fiqh characterized by a mystical style. Efforts are being made to establish formal legal frameworks that accept the belief in God Almighty and incorporate legal practices. The legal negotiations led to the emergence of natural law plurality which in practice, is influenced by politics, social, and culture.

Belo Bellen as Compulsory Delivery in Aceh Singkil Wedding; ‘Urf and Islamic Law Anthropology Review

Khairuddin, Doli Witro, Wiji Nurasih, Hetri Yulianti , Anisah Agustina — Sat, 15 Jun 2024 11:42:24 +0700

This article aims to discuss belo bellen (big betel) as a mandatory delivery for the groom to the bride in the community of Gunung Meriah District, Aceh Singkil Regency. It is delivered at the time of mengarak (providing the groom to the residence of the bride’s parents) of the wedding reception. This research is qualitative with an ethnographic approach. Data collection techniques were through in-depth interviews and observation supported by relevant literature data. Data were then analyzed qualitatively, namely through data condensation and presentation then and drawing. This research found that mandatory belo bellen delivery has been practiced for a long time and therefore becomes one of the legacies. Belo bellen take and give is made on the second night of the wedding party, attended by women. The function of belo bellen is to fulfill the custom, namely giving souvenirs of big betel to the bride’s family. The tradition is considered as a good deed according to ‘urf (Islamic legal context). In the anthropology of Islamic law, the tradition reflects the legal culture, legal behavior, and legal views of Aceh Singkil people.

Between Tradition and Religious Doctrine: Questioning Kiai’s Status as Zakāt Recipient

Afidah Wahyuni, Harisah, Nur Rohim Yunus — Sun, 30 Jun 2024 00:00:00 +0700

Commonly, people pay their zakāt to aṣnāf groups based on their preferences and considerations. However, in Madura, the distribution of zakāt continues to adhere to the traditional notion, wherein it is mainly allocated and prioritized to kiai. This faces a debatable phenomenon whether Kiai could be zakāt recipients or not. Therefore, this research aims to explore the diversification role of Kiai in zakāt payment and describe the theological and social construction among zakāt payment in Madura. The present study employed qualitative research methodologies, specifically utilizing interviews as the primary data collection technique. The participants in this study included kiai, community members, and leaders from Madurese community. This research study indicates that the Madurese Muslim community designates kiai as mustahīqq zakāt under masākīn, fī sabīlillāh, and amīl categories. The diversification of the Kiai’s role is predicated upon the theological perspective held by Madurese Muslim community which posits that the kiai is a rightful recipient of zakāt. Additionally, Madurese Muslim community keeps a social perception that kiai is a revered individual deserving of compensation. Consequently, even though Madurese people understand the existence of religious doctrine to whom they have to spend zakāt, they still prioritize giving zakāt to kiai as the result of their typical social construction.

Islamic Law Practice among East Javanesse Chinese Muslims; PITI’s Contribution on Its Enforcement

Sun, 30 Jun 2024 00:00:00 +0700

This qualitative research explores the practice of Islamic law among Chinese Muslims in Indonesia, focusing on the contribution of the Indonesian Chinese Islamic Association, or Persatuan Islam Tionghoa Indonesia (PITI) in East Java in three aspects; translating the Qur’an into Mandarin, organizing marriage guidance and religious consultation, and facilitating ḥalāl food industry. The primary data collection method involves in-depth interviews with Islamic leaders within the community, particularly those affiliated with PITI. Secondary data is gathered through an extensive review of literature comprising documents, books, news, and articles related to Islamic law practices among Indonesian Chinese Muslims. Data analysis employs a spiral approach, encompassing content analysis, contextual examination, and critical evaluation. The results of this research show that, specifically, PITI East Java is focused on three areas: arranging marriage counseling, translating the Qur'an into Mandarin, and developing a mentoring program for ḥalāl products. Besides, PITI uses a cultural approach to help Chinese Muslims comprehend and follow Islamic precepts while also taking into account their unique background and characteristics. As a result, the Chinese heritage has been influenced by Indonesian and Islamic traditions. This practice is dynamic and still proceeding in the new horizon that needs support from all stakeholders, the government, and other Muslim communities in Indonesia.

Fiqh Contestation on Women's Public Leadership in Indonesia and Malaysia: Reproducing Qur'anic and Hadith Interpretations

Muhammad Rikza Muqtada, Istianah, Ahmad Sharifuddin bin Mustapha, Abdul Mufid — Sun, 30 Jun 2024 00:00:00 +0700

This paper discusses the contestation of women's public leadership discourse among feminist activists in Indonesia and Malaysia and how the reproduction of fiqh on women's public leadership in both countries takes place. This research is a field study with data collection through interviews and direct interaction with women activists in both countries and documenting their works. Using the Islamic activism approach, it was found that: 1) The issue of women leaders in Indonesia and Malaysia is complex. Women are often held back by culture, religion and politics. Muslim feminist groups face resistance from conservative groups when they try to challenge gender inequality. Furthermore, some sharia law make it harder for women to get legal protection and justice. More legal rights and support for women are therefore required to make politics more equal. 2) Feminist activists in Indonesia and Malaysia have reinterpreted Islamic texts to promote gender equality. They offer gender-responsive interpretation of the Qur'an and Hadith deemed to be fairer while supporting support social justice and gender equality. 3) The fiqh product of leadership concludes that the moral ideal in the Qur'an and hadith is for leaders to be competent (qawwām). People who fit this profile are well-suited to lead, particularly in a country that adheres to democratic principles.

Environmental Theology and Worship Teaching of Lombok Wetu Telu Old Manuscripts

Abdul Quddus, Lalu Muhammad Ariadi , Sigit Wahyudi, Nurmaidah, Ika Juhriati — Sun, 30 Jun 2024 00:00:00 +0700

This study aims to explore the intertwining of two Islamic teachings, namely environmental values and worship practice in three old manuscripts popular among Wetu Telu people in North Lombok. It questions how the three, Serat Rengganis, Usada Rara, and Tuḥfah al-Mursalāh ilā Rūḥ an-Nabī deliver the teaching through its contents about the two themes. Those manuscripts are well known and routinely recited among Wetu Telu in Bayan, a village that routinely holds a ritual called pepaosan. The anthropological method used in this paper relies on primary data through in-depth observation, interviews with relevant parties, as well as manuscript content mapping. The finding shows that environmental values and worship teaching among Wetu Telu in North Lombok are mostly based on those manuscripts with Serat Rengganis as the mostly referred and popular one. The manuscripts likely use metaphors to deliver the teaching which makes it hard to understand the meaning without attending the pepaosan to listen to explanations from the experts. Integration of both teachings is mainly clear from how Wetu Telu people are supposed to behave well to God, fellow humans, and nature. Both individual and social worship of Wetu Telu, like ṣalāt (prayer) and al-ḥajj (pilgrimage), also indicate how the three old manuscripts still play an important role within the community.

Mafhūmu Fiqhi al-Marātib wa Fiqhi al-Awlawiyyāt fī Maqāṣidi al-Qurʾān: Dirāsah Taṭbīqiyyah fī Malaysia

Sun, 30 Jun 2024 00:00:00 +0700

The debate on the concept of maqāṣid continues to develop dynamically as its relevance to various situations and times. However, misunderstanding the basic principles of maqāṣid which are fixed (al-thawābit) and flexible (al-mutaghayyirāt) causes neglect of one aspect of the basic principles of maqāṣid, and unconsciously leading into dichotomy between the two. Ironically, religious understanding derived from it loses its spirit while maqāṣid is only for the sake of worldly interests while ignoring afterlife mission. This study aims to explain the universal (kullī) and particular (juz’ī) principles of maqāṣid and identify the right approach to implement both principles at the International Islamic University Malaysia. This research used a qualitative approach whose data is obtained through various sources such as observation at the locus, books, journals, conference papers, and relevant websites. The data obtained were analyzed descriptively. This study found that the debate on maqāṣid must be contextualized by understanding the purposes of the Qur'an (maqāṣid al-Qur'ān) which includes the debate on the two principles of maqāṣid. In the discourse of maqāṣid al-Qur'ān, the discussion of maqāṣid al-Sharīʿah is a part that is particular and flexible (al-mutaghayyirāt). This research also found that the right approach to implement maqāṣid al-Qur'ān is with the fiqh of command (fiqh al-marātib). Conversely, the right approach to implementing maqāṣid al-Sharīʿah is with priority fiqh (fiqh Al-Awlawiyyāt). The integration of the two is practiced and implemented in the International Institute of Islamic Thought and Civilization, International Islamic University Malaysia with a context that is very relevant to the context of fiqh that develops in Malaysia.