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All Journal Adagium: Jurnal Ilmiah Hukum Makkah: Journal Of Islamic Studies
Hani Nadiya Putri
Universitas Islam Negeri Sunan Kalijaga Yogyakarta
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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MERESPONS KONTROVERSIAL TOKOH: PENETAPAN HUKUM KHATIB PEREMPUAN DALAM FATWA MUI NO. 38 TAHUN 2023 Fauzul Kabir; Hani Nadiya Putri; Fikri Tanjung; Ali Misran
Makkah: Journal Of Islamic Studies Vol. 2 No. 1
Publisher : Makkah: Journal Of Islamic Studies

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Abstract

This article presents a normative-critical analysis of the Indonesian Council of Ulama (MUI) Fatwa No. 38 of 2023 concerning the permissibility of women serving as khatib in Friday prayer rituals. The fatwa was issued in response to public controversy sparked by religious statements allowing women to deliver Friday sermons before male congregations. Employing a qualitative normative approach, this study utilizes textual analysis, Islamic legal hermeneutics, and comparative fiqh methodologies. The primary data source is the official text of the MUI fatwa and its supporting documents, while secondary sources include the Qur’an, Hadith, classical and contemporary fiqh literature, and relevant scholarly works. The findings indicate that MUI prioritizes a bayānī (textual) approach, reinforced by qiyās, both verbal and practical ijmā‘, and istiṣlāḥī considerations aimed at preserving communal harmony. The study concludes that while the fatwa aligns with the dominant Sunni legal tradition, it also invites critical reflection regarding its methodological depth and its engagement with contemporary socio-religious dynamics and gender discourse.
The Normative Fragility of Women's Post-Divorce Economic Rights: Hierarchical Inversion between the Compilation of Islamic Law and Supreme Court Circular Letters from the Perspective of Hifz al-Mal Nailul Husna; Raihan Qodrian; Laiyana Izzatin Naza; Hani Nadiya Putri
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/jx9t7f91

Abstract

Women’s post-divorce economic rights in wife-initiated divorce are frequently unrealized even though the Supreme Court has supplied a basis for granting them. This normative juridical study employs statutory, conceptual, and case approaches, treating Probolinggo Religious Court Decision Number 123/Pdt.G/2024/PA.Prob as an instance for testing, combines the theory of the hierarchy of norms and maqashid al-shari’ah, and analyzes the legal materials qualitatively through systematic-teleological interpretation and content analysis of the court’s legal reasoning. Four findings emerge. First, a hierarchical inversion exists: the norms extinguishing these rights are articles of the Kompilasi Hukum Islam that operate automatically, whereas the norms restoring them are religious chamber formulations in Supreme Court Circular Letters that remain facultative. Second, an institutional contradiction arises, since the Supreme Court itself affirms that policy rules cannot be judicially reviewed, yet women’s substantive rights rest on precisely such an instrument. Third, a mismatch of regulatory content occurs, as substantive law is carried by a vessel designed for procedural law. Fourth, this fragility is twofold, upstream in the status of the norm and downstream in its enforcement, and manifests institutionally the marginalization of hifz al-mal. The implication is that reform requires not socialization but elevating the chamber formulations into a Supreme Court Regulation, reformulating Article 149 of the Kompilasi Hukum Islam, and activating Article 95(1) as a preventive instrument.
Co-Authors Ali Misran Fauzul Kabir Fikri Tanjung Laiyana Izzatin Naza Nailul Husna Raihan Qodrian