Irfan Mas’ud Abdullah
Universitas Islam Negeri Syarif Hidayatullah Jakarta

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The Legal Politics of Hajj and Umrah Legislation: The Hybridity of Sharia Norms and the Response to Contemporary Dynamics Fifidiana Fifidiana; Irfan Mas’ud Abdullah
Journal of Law and Social Politics Vol. 4 No. 3 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i3.159

Abstract

Background: The administration of Hajj and Umrah in Indonesia reflects the intersection between the state’s obligation to guarantee religious freedom and the need for law to respond to social, economic, and technological developments. Objective: This study analyzes the legal politics underlying Law Number 14 of 2025 concerning the Third Amendment to Law Number 8 of 2019 on the Administration of Hajj and Umrah, focusing on its legal-political foundation and normative hybridity. Methods: This research employs a juridical-normative method with a prescriptive-analytical legal-political approach to examine the legal considerations, provisions, and elucidation of the law. Results: The findings reveal two normative poles. Existing norms formalize Sharia values through Sharia principles, ritual definitions, standardization of manasik, and dam governance. New norms respond to contemporary developments through independent Umrah, regulation of non-quota visas, emergency mechanisms, and development of the Hajj economic ecosystem. Conclusion: The coexistence of formalized religious norms and state-created regulatory norms constitutes a distinctive form of normative hybridity. It demonstrates an expansion of the state’s role beyond administrative management toward substantive ritual regulation, economic ecosystem management, and risk governance. Indonesia’s explicit legislative formalization of this hybridity also distinguishes its regulatory model from those adopted in Saudi Arabia, Malaysia, and Turkey.