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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam DE JURE Nurani: Jurnal Kajian Syariah dan Masyarakat Analisa KARSA: Jurnal Sosial dan Budaya Keislaman (Journal of Social and Islamic Culture) Mimbar Keadilan JURISDICTIE Jurnal Hukum dan Syariah Jurnal Ilmiah Hukum LEGALITY SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial AT-TURAS: Jurnal Studi Keislaman Istinbath: Jurnal Hukum dan Ekonomi Islam JURNAL HUKUM PRASADA Sakina: Journal of Family Studies Analisa: Journal of Social Science and Religion Al-Istinbath: Jurnal Hukum Islam
Bachri, Syabbul
UIN Maulana Malik Ibrahim Malang
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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.
Contextualizing Islamic Inheritance Law in Indonesia: Addressing Negative Stigma Syabbul Bachri; Sudirman Sudirman; Erfaniah Zuhriah; Ramadhita Ramadhita
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 2 (2024): Vol. 7, No. 2, April 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i2.35041

Abstract

Islamic inheritance law is stigmatized due to its rigidity and conservativity. The rigidity and conservatism of Islamic inheritance can be seen in the view that Islamic inheritance rules cannot be changed or modified. In addition, the assumption of Islamic inheritance rules does not consider the social developments that occur over time. This research aims to explore how Islamic inheritance law is applied in Indonesia and how contextualization is carried out in response to existing stigma. This research employs a qualitative study with a normative juridical approach. The research data is derived from documents and texts on Islamic inheritance law and concrete cases of contextualization of Islamic inheritance law in Indonesia in different situations and contexts. The data are analyzed using descriptive interpretative techniques with the application of Amina Wadud's hermeneutics of tauhid. The research findings indicate that Islamic inheritance law in Indonesia has undergone contextualization, thus negating the negative stigma attached to Islamic inheritance. Contextualization is achieved by understanding and advocating Islamic inheritance law in the Indonesian context, reconstructing the basic concepts of Islamic inheritance law according to the Indonesian context, and promoting the resolution of inheritance conflicts through consultation and mediation. This research offers a model of inheritance division applied in Indonesia that is contextual and flexible based on Amina Wadud's hermeneutics of tauhid.
LEGAL IMPLICATIONS OF BREAST MILK DONATION ON THE LACTASHARE PLATFORM PERSPECTIVE OF SADD AL-DZARI’AH Anjani, Ria; Bachri, Syabbul
istinbath Vol. 24 No. 1 (2025): June
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i1.962

Abstract

The advancement of digital platforms has led to innovations such as breast milk donation through Lactashare. While this addresses nutritional needs for infants, it raises complex legal issues, particularly in Islamic jurisprudence regarding lineage and mahram relationships. This study examines the legal implications of breast milk donation from the perspective of Sadd al-Dzari’ah, a principle in Islamic law that emphasizes harm prevention. Utilizing a qualitative case study design, the research draws from in-depth interviews with the founder of Lactashare and relevant legal documents to explore how the institution navigates regulatory, ethical, and religious challenges. The study applies thematic analysis to examine the procedural safeguards, identity verification systems, and legal documentation practices, particularly the issuance of mahram certificates and donor-recipient records. The findings reveal that while Lactashare implements various safeguards in line with Islamic principles, such as donor screening, recording mahram certificates, and compliance with fatwas, it still faces challenges in completely preventing legal ambiguity regarding milk kinship, especially in areas outside Malang and Jakarta where monitoring is limited to online reporting, these risks are possible but uncertain and are likely to be outweighed by significant benefits to infant health especially in Indonesia, where stunting and infant mortality rates are high. This study contributes to Lactashare’s ability to anticipate these risks with a digital tracking system, the appointment of regional coordinators, intensive education, and strengthening regulations through legal agreements. Collaboration with local health and religious institutions is also expected to enhance supervision and legal protection. However, this study has limitations. It only focuses on the perspectives of Lactashare founders and legal documents, so further study is needed to capture the experiences and views of other stakeholders, such as donors, recipients, health professionals, and religious scholars. Despite these limitations, this work provides fundamental insights for policymakers, religious authorities, and digital health platforms on how to align technological innovation with Sharia law using the Sadd al-Dzari’ah framework.
Co-Authors Akhmad Nurul KAWAKIP Anjani, Ria As-Suvi, Ahmad Qiram Büşra Nur Duran Duran, Büşra Nur Elmira Qurrota A'yunina A'yunina Erfaniah Zuhriah Fadiyah Kamilatul Husna Fakhruddin Fakhruddin Hadi Nasbey Handoko Ja’far Haydar Nashif Hamami Husnaini, M Imam Sukadi Irwan Abdullah Ja’far, Handoko Jundiani Jundiani KAWAKIP, Akhmad Nurul Khoirul Hidayah M. Fauzan Zenrif Masyithah Mardhatillah, Masyithah Miftahudin Azmi Miftahul Rahmah Mochamad Agus Rizal Dwi Santoso Mohd Al Adib Samuri Muhammad Muhammad Muhammad, M Najma Moosa Nikmatul Jazilah Ramadhita Ramadhita Ramadhita Ramadhita Ramadhita Ramadhita Ramadhita Ramadhita, Ramadhita Roibin Roibin Rosidin Rosidin Rosidin Rosidin Saifuddin Zuhri Qudsy Sinal, Mohamad Sudirman Sudirman Sudirman Sudirman Sudirman Sudirman Syamsul Arifin Umaiyatus Syarifah wiwin setianingrum Zaenul Mahmudi