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All Journal DE JURE AL-Daulah LISAN AL-HAL: Jurnal Pengembangan Pemikiran dan Kebudayaan
Zaim, Muntaha Artalim
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Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Modern Indonesian Experience in Coexistence between Muslims and Others: Presentation and Evaluation Zaim, Muntaha Artalim
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 13 No 1 (2024): Vol13, No. 1 2024 (Januari-Juni)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v13i1.48650

Abstract

Research Objective: This study investigates the experience of religious coexistence in Indonesia, specifically focusing on the interactions between Muslims and followers of other religions. It analyzes the conceptual frameworks and socio-political developments that shape this coexistence. The goal is to evaluate how Islamic principles intersect with pluralistic values and how these dynamics have evolved within the Indonesian context. Research Method: The research employed a qualitative-descriptive approach through comprehensive library research. It integrated classical Islamic sources with modern academic discourse to construct a comparative and historical analysis: religious texts and legal documents were the foundation for this investigation. Results: The findings indicate that state policies, such as Pancasila, historical accommodations, and socio-cultural integration, have influenced religious coexistence in Indonesia. Additionally, the research demonstrates that Islamic teachings support coexistence within specific theological and legal frameworks, without endorsing religious relativism. Findings and Implications: The Indonesian model of coexistence has evolved from doctrinal rigidity to practical tolerance. This research highlights that pluralism in Indonesia functions more as a sociopolitical construct than a convergence of theologies. These insights challenge liberal interpretations of religious harmony and provide a more transparent framework for understanding interfaith coexistence in Muslim-majority societies. Conclusion: Religious coexistence in Indonesia represents a complex interplay of Islamic theology, state ideology, and socio-cultural adaptation. Promoting harmony while maintaining doctrinal integrity requires a nuanced understanding of Islamic jurisprudence and national philosophy. Contribution: This study contributes to the academic discourse on Islam and pluralism by offering a structured framework for evaluating religious coexistence to bridge classical Islamic epistemology with contemporary realities, particularly in Southeast Asia. Limitations and Suggestions: The research is limited by its focus on Indonesia and classical Islamic sources. Future studies should incorporate fieldwork, broader comparative perspectives, and empirical data to validate and expand upon these findings.
AL-SAYYID MUHAMMAD IBNU 'ALAWĪ AL-MĀLIKĪ WA KHASHĀISHU MANHAJIHI AL-FIQHIY: السيد محمد بن علوي المالكي وخصائص منهجه الفقهي Ibrahimy, Ahmad Azaim; Amanullah, Muhammad; Zaim, Muntaha Artalim
LISAN AL-HAL: Jurnal Pengembangan Pemikiran dan Kebudayaan Vol. 18 No. 2 (2024): DESEMBER
Publisher : LP2M Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/lisanalhal.v18i2.263-281

Abstract

This research unveils the characteristics of the jurisprudential approach of Sayyid Muhammad al-Maliki, who is one of the prominent Maliki scholars of this era. The researcher found that the characteristics of his jurisprudential approach are represented in three points: First: Opening the door to ijtihad, because the rulings in the Qur’an and Sunnah are limited. Second: Considering the interest, and by inducting partial texts and their rulings, reasons and rulings, he reached a general matter that represents a result for it. Third: His general jurisprudence of human rights because the principles of Islamic jurisprudence are a general system for human society.
The Legitimacy of Abortion: A Socio-Legal Analysis of Islamic Jurisprudence and Indonesian Law Jalili, Ismail; Syaifuddin, Helmi; Ulfa, Fadillah; Gusmansyah, Wery; Zaim, Muntaha Artalim
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 2 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i2.29077

Abstract

Navigating the intersection of religious doctrines and legislative frameworks poses a significant challenge in the abortion discourse, particularly in Indonesia. This study investigates the legitimacy of abortion through the dual perspectives of Islamic jurisprudence and positive law within Indonesia’s intricate socio-cultural and religious milieu, where Islamic principles deeply influence legal interpretations and societal views. The study aims to dissect the complex legal and religious debates surrounding abortion in Indonesia, offering a thorough analysis of its legitimacy under both Islamic jurisprudence and state law. Current literature reveals a fragmented legal landscape marked by diverse interpretations and applications of Islamic principles and state laws, resulting in inconsistent legal outcomes. Adopting a qualitative methodology, this research utilizes doctrinal analysis of primary and secondary legal sources, statutory laws, judicial decisions, and Islamic legal texts. Findings highlight a stark dichotomy between strict prohibitions in traditional Islamic jurisprudence and more lenient, context-specific interpretations by contemporary scholars. The Indonesian legal system, heavily influenced by Islamic values, nonetheless displays flexibility in cases involving maternal health risks or severe fetal anomalies. Ultimately, this study advocates for a nuanced, context-sensitive legal framework that harmonizes Islamic jurisprudence with positive law. It proposes a balanced approach that respects religious values while addressing modern societal needs and medical realities, aiming to ensure legal clarity and safeguard women’s rights in Indonesia.
Co-Authors Ahmad Azaim Ibrahimy Amanullah, Muhammad Gusmansyah, Wery Helmi Syaifuddin Jalili, Ismail Ulfa, Fadillah