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Critical Study of Amina Wadud's Thought in the Issue of Inheritance Fauzan Zenrif; Syabbul Bachri
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.22217

This study aims to examine the main arguments presented by Amina Wadud on inheritance in her book "Quran and Women" and evaluate the validity of her arguments. The scope of this research will include an analysis of Wadud's method of interpreting the Quran as outlined in the book Quran and Women which influenced her thoughts on Islamic inheritance and a critical study of her thoughts. This research is a type of qualitative research with a critical study approach. The results of the study show that a critical study of Wadud's thinking shows that she generalizes the 2:1 provision on the shares of men and women which actually only applies in certain cases. In addition, Wadud's demands for reinterpretation cannot be done without adequate interpretive science tools. Science explains that justice need not be interpreted as equality. There are two categories of justice, according to Aristotle: commutative justice and distributive justice. So that there can be no justification for questioning the Quran's just inheritance allocation. Furthermore, the provisions in the inheritance verse in the Quran are qath'i provisions so there is no justification for doing ijtihad which is presumptive (dzanny) in a reassuring text (qath'i). In addition, Wadud's thoughts are also considered less specific and do not provide a real format for how the redistribution she proposes. Therefore, Wadud's rereading in terms of inheritance is considered incomplete or incomprehensive of the Qur'an.

Judges’ Ratio Decidendi to Accept and Reject Interfaith Marriage in The Perspective of Indonesian Positive Law Elmira Qurrota A'yunina A'yunina; Syabbul Bachri
Jurnal Hukum Prasada Vol. 10 No. 2 (2023): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.10.2.2023.112-122

The existence of interfaith marriages in Indonesia does not yet have regulations that clearly regulate its implementation. This causes differences in decisions given by judges in each case. Ratio decidendi is a reason or argument used by judges to give a decision in a case that is always based on applicable laws and regulations. In addition to the absence of regulations that regulate exactly the implementation of interfaith marriages, the difference of opinion given by the judges in decisions related to the implementation of interfaith marriages makes people even more confused about the legality of implementing interfaith marriages in Indonesia. The purpose of this study is to analyze the ratio decidendi of judges in each decision, whether from a decision to reject or grant a decision, as well as to analyze the perspective of Indonesian positive law regarding the implementation of interfaith marriages. This study uses a type of normative juridical research that uses a case approach and a comparative approach. The results of this study in general are that actually interfaith marriage cannot be justified in its implementation, because there are several laws that actually regulate marriages carried out by two people who have different religions and beliefs.

The Kembar Manten in Java Majapahit Wedding Traditions in Mojokerto: Perspectives on Natural Law and Anthropology of Islamic Law Hidayah, Khoirul; Syarifah, Umaiyatus; Muhammad, Muhammad; Bachri, Syabbul; Roibin, Roibin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.19611

Majapahit Java has customary law, namely rules prohibiting "kembar manten" marriages, namely two bride and groom couples marrying at the same time, and the walimah party is held together with the symbol 'kuwade' in one 'terop'. This study employs empirical legal methodologies, incorporating a phenomenological and anthropological approach. Meanwhile, the analytical tools encompass notions related to natural law, justice, and the anthropology of Islamic law. The collection of primary data was conducted through interviews of traditional authorities, religious leaders, knowledgeable individuals in the customary laws, and marriage practitioners who perform 'Kembar Manten' marriages in Mojokerto. The examination was conducted utilizing Thomas Aquinas' theory of natural law and justice, joining with the anthropology of Islamic law. In order to achieve justice in the natural law, it is necessary to have a policy and proportionality when making the walimah ursy, which is specifically created for a single wedding pair. In the field of the Islamic law anthropology, the 'Kembar Manten' refer to customs and customary laws that are regarded obligatory and advantageous. They are intended to promote the welfare of both the bride and groom's families. Neither the Qur’an nor the Hadith provide any instructions suggesting that the walimah ursy is meant for more than one couple during a single walimah. The ban of 'Kembar Manten' in the framework of Islamic legal anthropology is a customary practice within the community aimed at achieving well-being and security. Provided that the rules are designed to promote goodness and safety, it is imperative to preserve the values of local wisdom rules as a valuable cultural heritage of the nation. This article aims to enhance understanding of the customary law and local wisdom values in the Indonesian marital law.

Examining the complexity of child marriage as sexual violence in digital era Sudirman, Sudirman; Ramadhita, Ramadhita; Bachri, Syabbul; Duran, Büşra Nur
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.28881

Child marriage in the digital era is an interesting fact because this type of marriage is classified as sexual violence. However, child marriage is very common in Indonesia because of many factors. Child marriage in the digital era is known to have triggered many problems, such as reproductive health problems, domestic violence, and divorce. However, considering child marriage as a criminal offense of sexual violence (TPKS) as stated in Law Number 12 of 2022, is unwise. Departing from this issue, this research identifies three reasons why child marriage cannot be categorized as sexual violence in the digital era. The results of this paper show that child marriage in Indonesia is inevitable due to three main arguments: Islamic teachings permit child marriage, the high number of marriage dispensations, and the TPKS Law focuses more on protecting women, not the spouses of child marriage perpetrators. Another cause of child marriage is poor education in the digital era, coupled with poor understanding of the importance of self-protection from promiscuity in the digital era among community members. Education on gender equality and reproduction also has not been properly applied. Finally, marriage guidance for teenagers and prospective brides in the digital era has not been implemented yet.

PESANTREN TANGGUH AS MODERATE ISLAMIC EDUCATION INSTITUTION DURING THE COVID-19 PANDEMIC Rosidin, Rosidin; Bachri, Syabbul; Mardhatillah, Masyithah; Kawakip, Akhmad Nurul; Ja’far, Handoko
Analisa: Journal of Social Science and Religion Vol 7, No 1 (2022): Analisa: Journal of Social Science and Religion
Publisher : Balai Penelitian dan Pengembangan Agama Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18784/analisa.v7i1.1639

The Covid-19 pandemic divides the attitudes of pesantren residents into three categories: very strict, very loose and moderate (tawassut). This moderate attitude is found in Pesma Al-Hikam and Pesantren Sabilurrosyad in Malang City. This article uses a qualitative approach, then analyzed from the perspective of Pierre Bourdieu’s capital theory. The purpose is to describe how the attitudes, mindset, and residents’ behavior of Pesantren Tangguh related to symbolic, cultural, social, and economic modalities, to control the pandemic crisis. The findings of this article are Pesma Al-Hikam and Pesantren Sabilurrosyad as Pesantren Tangguh are representations of moderate Islamic educational institutions during the Covid-19 pandemic in terms of Bourdieu’s capital theory. First, the nationalist-religious; adaptive and inclusive; and philosophical-rational character in terms of symbolic capital. Second, the theological view that combines destiny and endeavors harmoniously; an elastic and comparative view of Islamic law; and Sufistic behavior that combines ritual and social worship in terms of cultural capital. Third, the behaviour of pesantren residents who remain active in carrying out activities at the pesantren but are disciplined in complying with health protocols in terms of social capital. Fourth, the economic independence of the pesantren in fulfilling the needs and social assistance to the peripheral community in terms of economic capital. In summary, the residents of Pesantren Tangguh show moderate character in aspects of attitude, mindset, and behavior related to symbolic, cultural, social, and economic modalities, enabling the pesantren residents to be able to control the Covid-19 pandemic crisis well.

Bias or Reality: Rethinking of Halal Tourism in Indonesia Muhammad, M; Bachri, Syabbul; Husnaini, M
KARSA Journal of Social and Islamic Culture Vol. 30 No. 1 (2022)
Publisher : Institut Agama Islam Negeri Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/karsa.v30i1.3322

Lately, the term halal or sharia has become a trend in Indonesia caused that the term is identical to Islam and most Indonesian citizens are Muslim. Besides being a weapon to sell commodities on the market, halal labels are also used to promote tourism resorts. Indonesian Council of Religious Scholars (MUI) issues fatwa to regulate halal tourism and has the authority to issue halal tourism certificates. This study addresses academic anxiety, whether tourism that has received a halal certificate following the MUI fatwa is natural halal tourism or it is only a formality of marketing bias. This article uses the field study method that results from direct observation and literature study to ascertain the meaning of halal. The study results showed that no tourism in Indonesia deserves a halal label even though it has obtained a halal certificate from the MUI. It is observed that in many tourism locations, disobedience and neglect occur. The term halalis a tourist object limited to marketing bias and is not confirmed in the field.

Critical Study of Amina Wadud's Thought in the Issue of Inheritance Zenrif, Fauzan; Bachri, Syabbul
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.22217

This study aims to examine the main arguments presented by Amina Wadud on inheritance in her book "Quran and Women" and evaluate the validity of her arguments. The scope of this research will include an analysis of Wadud's method of interpreting the Quran as outlined in the book Quran and Women which influenced her thoughts on Islamic inheritance and a critical study of her thoughts. This research is a type of qualitative research with a critical study approach. The results of the study show that a critical study of Wadud's thinking shows that she generalizes the 2:1 provision on the shares of men and women which actually only applies in certain cases. In addition, Wadud's demands for reinterpretation cannot be done without adequate interpretive science tools. Science explains that justice need not be interpreted as equality. There are two categories of justice, according to Aristotle: commutative justice and distributive justice. So that there can be no justification for questioning the Quran's just inheritance allocation. Furthermore, the provisions in the inheritance verse in the Quran are qath'i provisions so there is no justification for doing ijtihad which is presumptive (dzanny) in a reassuring text (qath'i). In addition, Wadud's thoughts are also considered less specific and do not provide a real format for how the redistribution she proposes. Therefore, Wadud's rereading in terms of inheritance is considered incomplete or incomprehensive of the Qur'an.

The Differences of Men's and Women's Shares in Islamic Inheritance Law Defense to Criticism and Blasphemy Bachri, Syabbul
Nurani Vol 22 No 1 (2022): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v22i1.11251

This study aims to provide an explanation of the defense against criticism and blasphemy for the differences in the male and female divisions and their arguments. This research is a normative study with a conceptual approach. The primary and secondary data collected were then analyzed using a content analysis approach to provide an overview of the defense and arguments for the application of male and female share differences in Islamic inheritance law. The results of the study show that criticism and blasphemy from those who reject the difference in inheritance distribution between men and women cannot be justified because not in all cases do women get a smaller share than men. There are many cases where women get the same and even bigger share than men. Moreover, justice also cannot be interpreted as equal distribution, considering that in scientific terms, the term distributive justice is also known. The interpreters argue that the provisions of section 2:1 between men and women are a decree from Allah that must be carried out by arguing that the statements in the verses of the Qur'an are clear and qath'i. The demand for new ijtihad cannot be justified considering that in ushul fiqh there are rules which state that there should be no ijtihad in the provisions of qath'i texts.

Presidential Threshold in The Election of The President and Vice President from A Constitution and Human Rights Perspective Sukadi, Imam; Jundiani, Jundiani; Bachri, Syabbul; Sinal, Mohamad; As-Suvi, Ahmad Qiram
Mimbar Keadilan Vol 17 No 2 (2024): Agustus 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.10320

Art 222 Law Number 7 year 2017 concerning General Elections, regulates the provisions of the threshold where the acquisition of seats in the DPR must be 20 percent or obtain valid votes nationally as much as 25 percent then political parties can nominate and nominate pairs of presidential and vice-presidential candidates. Setting the Presidential Threshold in the election of President and Vice President in Indonesia from a constitutional and human rights perspective brings its own problems in the Indonesian constitutional system. The Presidential Threshold system does give rise to privileges for certain parties. This is because only parties that meet the threshold can compete directly in the presidential election. It is for this reason that the privileges of these major parties have given birth to political cartels. What is bad for democracy is that it eliminates equal competition for all potential candidates to contest the Presidential election. The Presidential Threshold is not justified in eliminating or emasculating the meaning of democracy which provides rights and freedoms for citizens. Among the constitutional rights include the right to vote, the right to nominate (the right to be a candidate), and the right to nominate candidates, these are rights guaranteed by the 1945 Constitution of the Republic of Indonesia which everything is reduced because of this Presidential Threshold provision.

The Family Corner for the Post-COVID 19 Revitalization of Family Function Sudirman, Sudirman; Ramadhita, Ramadhita; Bachri, Syabbul; Zuhriah, Erfaniah; Mahmudi, Zaenul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v5i1.9122

The COVID-19 pandemic has reduced family functions. During the COVID-19 pandemic, Indonesian families face three significant problems: distanced-family relations; neglected family education; and unequal socio-economic situation. This paper aims at explaining these three fundamental changes in family institutions. Besides, this paper identifies the factors that lead to family dysfunction. This article also offers concrete solutions to restore the lose of families function due to the COVID-19, i.e. the formation of a Family Corner. This research is a normative study using a critical, descriptive analysis method by presenting data from various literature and document sources. The latest data supported by several recent studies are described in detail in this paper. This research shows that post-pandemic family functions’ revitalization can be started by preparing a strong husband and wife’s emotional maturity.In addition, it is necessary to assist in communication and financial management of the family. Furthermore, revitalization will be successful if job opportunities are opened as widely as possible with incentive funds from the government and philanthropic institutions. Finally, the resolution and anticipation of natural disasters can be anticipated and resolved as quickly as possible. One of the effective ways for family revitalization is by establishing a Family Corner at each smallest unit of the society (Rukun Tetangga and Rukun Warga). Further research on this issue can be conducted through interviews with some informants who have experienced changes family lifestyle during the COVID-19 pandemic and mapping their hopes post pandemic period.

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