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All Journal Al-Mizan (e-Journal) ILTIZAM Journal of Sharia Economic Research Khazanah Hukum Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Tauvani, A. Yuli
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Rethinking the Legal Status of Non-Muslims in Islamic Law: Al-Muwāṭinūn and the Constitutional Framework of Citizenship in Indonesia Harun, Hermanto; Tauvani, A. Yuli; Tumadi, Nurul Hidayah; Roni, Rusli Abdul
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44897

Abstract

This study aims to examine the relevance of classical Islamic legal categories in defining the status of non-Muslims within the context of Indonesia’s pluralistic and democratic state. The research is motivated by recent debates surrounding the use of the term kāfir ("infidel") and the need to reassess traditional terminologies such as ahl al-dhimmah, ahl al-ḥarb, al-muʿāhid, and al-mustaʾmin in light of contemporary constitutional values. Using a qualitative approach within a library-based research design, the study analyzes classical fiqh texts and Indonesian constitutional and statutory legal documents. Through thematic content analysis, the study evaluates the compatibility of Islamic legal reasoning with modern legal principles. The findings indicate that classical classifications of non-Muslims were shaped by the political and imperial contexts of premodern Islamic governance. These categories are no longer fully applicable in the Indonesian nation-state, which is based on equality before the law and religious pluralism. In contrast, the concept of al-muwāṭinūn (citizens) aligns with the Islamic legal principle of murūnah (adaptability) and supports ijtihād (juridical reasoning) responsive to contemporary societal needs. The study contributes practically by offering a theologically grounded yet constitutionally relevant vocabulary for citizenship that enhances civic inclusion and legal equality. It demonstrates how Islamic jurisprudence can evolve to support pluralistic nationhood. This research provides an original contribution by contextualizing classical fiqh within Indonesia’s constitutional framework, an area underexplored in existing literature. By bridging Islamic legal ethics and Indonesian law, it offers a normative model for redefining non-Muslim citizenship in Muslim-majority democracies.
Pencatatan Perkawinan dan Sanksi Hukumnya: Studi Kritis Terhadap Asas Kepastian, Keadilan, dan Kemanfaatan Kurniawan, Ardian; Padli, Hamdani; Tauvani, A. Yuli; Rahayu, Karlina; Sumanto, Dedi
Al-Mizan (e-Journal) Vol. 21 No. 1 (2025): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v21i1.5922

Abstract

The policy of sanctioning laws and regulations for violations of marriage registration provides space for discourse in both a philosophical and practical context. The understanding of marriages that are not recorded encompasses violations in juridical terminology, as the content of sanctions can have actual implications for the emergence of problematic law enforcement in the field of marriage. This research was conducted to analyze and find out what the juridical implications are for the sanction policies contained in various legal regulations related to violations of marriage registration. The literature study method is the method used in this research, by collecting data through a review of various kinds of legal rules. This study uses a statutory regulation approach in examining regulations related to legal issues regarding sanctions for violations of marriage registration. Several policies that contain sanctions for violations of the legal registration of marriages are considered inappropriate because they cannot be met on a fundamental basis. There is a bias in the authority of law enforcement in the object of this violation of marriage registration. Legal ambiguity can arise in the process of sentencing if it is associated with the content of sanctions that have a tendency not to be in the realm of private law.
Diskursus Kampung Restorative Justice Dan Eksistensi Peradilan Adat Di Provinsi Jambi Kurniawan, Ardian; Marwendi, Reza Okva; Yusuf, M. Yusuf; Aiman, Muhammad; Tauvani, A. Yuli
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.9146

Abstract

This research delves into the discourse related to village restorative justice and customary law in the Province of Jambi in the context of the diversity of authority shifts between modern legal approaches and existing legal traditions. The research background refers to conceptual differences and perspectives on dispute resolution between the state and customary law. To examine the relationship between the concept of restorative justice and customary justice, this study employs a qualitative approach by conducting in-depth interviews with representatives from the prosecution, community leaders, as well as traditional leaders in several restorative villages in the Province of Jambi. The literature review involves a profound understanding of restorative justice, customary justice, and the interaction between state law and customary law. The research findings highlight the conflicts and convergences between the restorative justice approach and the existence of customary justice. Conflicts arise in the interpretation of rights, obligations, and authority held by each system. However, this research also reveals the potential synergy between these two approaches in resolving disputes with a more holistic and contextual approach. The findings of this research indicate the importance of dialogue and collaboration between the state and customary law in developing initiatives such as village restorative justice. In the context of the Province of Jambi, wise integration of state and customary law can bring benefits for the preservation of cultural values as well as the fulfillment of individual and community rights.
THE POTENTIAL OF LOCAL WISDOM AS A PILLAR OF SHARIA-BASED ECONOMY IN JAMBI PROVINCE Yuliana, Yuliana; Aditiawarman, Andika; Salmiah, Salmiah; Tauvani, A. Yuli; dewi, Novriana
ILTIZAM Journal of Shariah Economics Research Vol. 9 No. 2 (2025): Iltizam Journal of Shariah Economics Research
Publisher : Islamic Economics Department, Faculty of Islamic Economics and Business, UIN SULTHAN THAHA SAIFUDDIN JAMBI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/c3hn0m94

Abstract

This study aims to explore the potential of local wisdom in Jambi Province in supporting the development of a sharia-based economy. Employing a qualitative-descriptive approach and field data, the research finds that local values such as gotong royong (mutual cooperation), musyawarah (deliberation), and traditional trading ethics embody principles aligned with Islamic economic teachings. These cultural values not only reflect social norms but also serve as a foundation for an ethical and sustainable economic system. Therefore, integrating local wisdom into sharia economic policy is essential for the contextual success of the Islamic economic framework.
Co-Authors Aditiawarman, Andika Aiman, Muhammad Dedi Sumanto Dewi, Novriana Hermanto Harun Kurniawan, Ardian M. Yusuf Yusuf, M. Yusuf Marwendi, Reza Okva Padli, Hamdani Rahayu, Karlina Roni, Rusli Abdul Salmiah Salmiah Tumadi, Nurul Hidayah Yuliana Yuliana