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All Journal Journal Evidence Of Law Greenation International Journal of Law and Social Sciences
Muhammad Farid Aljawi
Universitas Borobudur, Jakarta, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Harmonisation of Islamic Law and National Law in Implementasion of Hajj and Umrah in Indonesia Muhammad Farid Aljawi; Zaenal Arifin Hoesein
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1720

Abstract

Hajj and umrah are among the main pillars of Islam, and have complex spiritual, social and legal aspects. As the country with the largest number of pilgrims in the world, Indonesia faces many problems in organising the hajj and umrah. In this situation, it is very important to harmonise Islamic law, which serves as the basis for religious norms, with national law, which serves as a tool for the state to protect, provide services and supervise. To investigate the synchronisation between the two legal systems, this study uses a normative juridical approach, employing legislative and conceptual perspectives. The results of the analysis show that although most Sharia principles have been incorporated into national law, particularly Law No. 8 of 2019 on the Implementation of Hajj and Umrah, there are still several problems in their application. Limited quotas for Hajj, mismatched services between regular and special Hajj, and commercial practices that harm pilgrims are some of the main problems. Many previous studies have concentrated on the normative aspects of Islamic law or the administrative aspects of national law, but few have examined both comprehensively. In this article, a model of legal harmonisation based on substantive justice that emphasises legal certainty and the protection of pilgrims' rights is intended to fill this gap. This study has two benefits: theoretically, it offers a conceptual framework for the integration of Islamic law and national law in the implementation of the Hajj and Umrah pilgrimages; and practically, it offers policy recommendations to help the government strengthen Hajj governance that focuses on pilgrim protection. Therefore, this article argues that legal harmonisation is a prudent way to achieve a more equitable, transparent, and substantively just administration of the Hajj and Umrah in Indonesia.
Reconstructing the Governance of Hajj and Umrah Administration in Indonesia Muhammad Farid Aljawi; Faisal Santiago
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.567

Abstract

Context; In Indonesia, the management of the Hajj and Umrah symbolizes both the state's obligation to provide sufficient protection and the inhabitants' constitutional right to exercise their religion freely. The governance of the Hajj and Umrah, as a strategic form of public service, is nevertheless beset by issues including illegal brokerage, inadequate service infrastructure, quota uncertainty, and lax bureaucratic control. There are still gaps between legal frameworks and actual implementation, even after Law No. 8 of 2019 on the Administration of Hajj and Umrah was passed. GoalBy putting forth a framework that improves legal clarity, accountability, transparency, and equity in service delivery, this study seeks to rebuild Indonesia's Hajj and Umrah governance. Techniques; Data were gathered through in-depth interviews with stakeholders, such as the Ministry of Religious Affairs, travel agencies that offer the Hajj and Umrah, and pilgrims, using an empirical juridical method. The investigation concentrated on locating bureaucratic procedures, regulatory loopholes, and reform prospects via digital innovation and democratic supervision. Finding, The results point to three main problems with the governance of the Hajj and Umrah: a lack of coordination between rules and administrative procedures, a low level of pilgrim participation in policymaking, and a poor use of digital technologies to guarantee efficiency and transparency. Conclusions In order to rebuild the governance of the Hajj and Umrah, it is necessary to embrace participatory supervisory models that go above and beyond the bare minimum, reinforce laws based on substantive justice, and put in place an integrated digital system for handling pilgrim data. Theoretically, this work advances the discussion of administrative law; practically, it makes policy proposals to enhance government. In the end, the study backs the implementation of more effective, fair, and transparent Hajj and Umrah services in Indonesia.
Co-Authors Faisal Santiago Zaenal Arifin Hoesein