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All Journal Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Syarah: Jurnal Hukum Islam dan Ekonomi
Moh. Wahib
Universitas Islam Negeri Sunan Ampel Surabaya
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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DECOLONIZATION OF ISLAMIC FAMILY LAW IN INDONESIA: TRACING TRANSFORMATION AND CONTINUTIY Mukhammad Nur Hadi; Moh. Wahib; Moh. Irfan; Abdul Kadir Riyadi
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14413

Abstract

This article aims to explore the process of decolonization of Islamic family law in Indonesia by tracing its historical transformation, policy changes, and the continuity of its legal practices from the colonial period to the post-reform era. Through a conceptual, historical, and legislative approach, this article analyzes how the colonization of Islamic family law took place in Indonesia. This article argues that the decolonization of Islamic family law in Indonesia did not occur in a single manner, but instead in two primary forms. First, accommodative decolonization, which was realized through post-independence state policies, such as the theories of receptie exit and receptio a contrario, the Religious Court Law, the Compilation of Islamic Law, and various policies of the Supreme Court and the Ministry of Religious Affairs, which negotiated fiqh traditions with the need for modern legal protection, especially for women and children. This pattern aligns with Khaled Abou El Fadl's view, which regards legal reform as an inherent part of the Islamic legal tradition. Second, conservative decolonization is reflected in fatwas and classical fiqh discourse developed by Islamic boarding schools and religious organizations, in line with Wael B. Hallaq's criticism of colonial legal modernity. This article argues that the decolonization of Islamic family law in Indonesia is an ongoing process involving the state and religious scholars, and that it does not merely aim to erase the colonial legacy but also to create a contextual, just, and responsive Islamic family law system for vulnerable groups.
Problems in Enforcing the Liquor Prohibition Regulation Moh. Wahib; Baitur Rohman; Dewi Irawati
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Universitas Islam Negeri Sultanah Nahrasiyah Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.4995

Abstract

Enforcing local regulations prohibiting alcoholic beverages in Papua is a complex challenge that requires a comprehensive understanding of the legal framework, law enforcement practices, and community dynamics. This study aims to analyze the challenges of enforcing the prohibition of alcoholic beverages in Papua Province. The researcher seeks to explore the substance of the prohibition of alcoholic beverages in Papua Regulation No. 15 of 2013 and its legal status within the Indonesian legal framework. The results of the study reveal that the substance of Papua Regulation No. 15 of 2013 is to completely ban the production, distribution, sale, and consumption of alcoholic beverages. This legal status is legally contrary to the principle of the hierarchy of laws based on the principle of "Lex Superiori Derogad Lege Inferiori." This Regional Regulation was revoked by the Minister of Home Affairs via Letter No. 188 34-3629 of 2016. However, to protect the public from the negative impacts of alcoholism, the Governor of Papua continued to enforce the Regional Regulation. The Governor of Papua, from a progressive legal perspective, has set aside the principle of legal certainty for the sake of humanity; however, within the context of a rule-of-law state, this violates the principle of "due process of law."
Co-Authors Abdul Kadir Riyadi Baitur Rohman Dewi Irawati Moh. Irfan Mukhammad Nur Hadi