Ahmad Wahidi
Universitas Islam Negeri Syekh Wasil Kediri

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Political and Legal Policies in Determining Hijri Calendar among MABIMS Member Countries Ahmad Wahidi; Mochammad Agus Rachmatulloh; Muhammad Syazwan Faid; Musataklima Musataklima
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 1 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i1.39636

Abstract

The determination of the beginning of Islamic months constitutes a crucial intersection between religious law, astronomical science, and state authority. In MABIMS Member Countries, variations in political configurations and state-religion relations have produced distinct legal policies governing the Islamic calendar, particularly regarding Ramadan, Shawwal, and Dhu al-Hijjah. This study aims to examine how legal politics shape state authority in determining the beginning of Islamic months and to analyse the legal consequences of these policies for legal certainty and public compliance among Muslim communities. This research employs a normative juridical method with conceptual and comparative approaches. Data were derived from an analysis of statutory regulations, official fatwas, state religious authority decisions, and regional coordination documents within the MABIMS framework, supported by scholarly perspectives in Islamic law, astronomy (ʿilm al-falak), and legal politics. The findings demonstrate that the determination of Islamic months is not primarily driven by the methodological choice between hisab (astronomical calculation) and rukyah (hilal observation), but rather by the political configuration and the degree of centralisation of state religious authority. Indonesia and Singapore, characterised by more pluralistic and participatory political systems, position the state as a coordinator and final legitimising authority while allowing limited pluralism in societal practice. In contrast, Malaysia and Brunei Darussalam adopt a highly centralised model of state religious authority, where the determination of Islamic months is a binding legal decision enforced through statutory sanctions. This study concludes that stronger state authority in religious governance correlates with higher levels of legal unification and compliance in the Islamic calendrical system. Accordingly, legal politics plays a decisive role in shaping the legal outcomes of determining the Islamic month in Southeast Asia, extending beyond doctrinal or jurisprudential debates alone. Keywords: beginning of the month; hisab rukyah; legal politics; MABIMS.
MODERASI DALAM PERBEDAAN PENENTUAN AWAL BULAN RAMADAN, SYAWAL DAN DZULHIJJAH DI INDONESIA: Analisis Fikih Ikhtilaf dan Kebijakan Hukum Keagamaan Ahmad Wahidi; Hisbulloh Hadziq
Mitsaq: Islamic Family Law Journal Vol. 4 No. 2 (2026): MITSAQ VOLUME 4, NOMOR 2, 2026
Publisher : Fasya UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/wnynw850

Abstract

Differences in determining the beginning of Ramadan, Shawwal, and Dzulhijjah are a recurring phenomenon in the religious practices of Muslims in Indonesia. These differences are primarily influenced by variations in the methods used, namely rukyatul hilal and hisab, as well as differences in the interpretation of sharia arguments and the ijtihad approaches of scholars. This study aims to analyze the diversity of determinations of the beginning of Islamic months in Islamic jurisprudence and explain how these differences are managed through a religious moderation approach. This study is a normative study with a qualitative approach, using library data in the form of fikih literature, hadith, the views of scholars of various schools of thought, and government policies related to determining the beginning of Islamic months. The results show that differences in determining the beginning of Islamic months are a matter of ijtihadiyah that is furu'iyyah and inevitably occurs in the Islamic legal tradition. Therefore, these differences cannot be positioned as a source of conflict, but rather as a form of the richness of Islamic scientific treasures. A moderate religious approach is an important tool in managing differences, emphasizing the values ​​of inclusivity, dialogue, justice, and respect for authority, as well as diversity of opinion. Thus, the diversity in determining the beginning of Islamic months can be directed towards strengthening social harmony and unity of the community, without negating the religious beliefs and practices of each group. Specifically, the findings of this study are intended to serve as a basis for consideration by the government, Islamic civil society organizations, and stakeholders in establishing a more inclusive, dialogue-based governance framework for determining the start of the Islamic month—one oriented toward the public interest of the Muslim community. More broadly, the study aims to provide Indonesian Muslims with insights into how to approach the diversity of methods used to determine the beginning of the Islamic month.