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Harmonizing Culture and Religious Traditions in Multi-Religious Families Hawa, Hawa' Hidayatul Hikmiyah; Wagianto, Ramdan; Syafi’i, Imam; Nugroho, Irzak Yuliardy; Ihsani, A. Fikri Amiruddin
Santara: Journal of Islamic Law and Humanity Vol. 1 No. 2 (2025): Islamic Law and Humanity
Publisher : Perkumpulan Dosen Tarbiyah Islam, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59373/santara.v1i2.258

Abstract

Conception and harmonization of religious culture and traditions within multifaith families in three villages known as centers of religious moderation in Malang City. The background to this study arises from the complexity of urban life characterized by religious and cultural diversity, which demands harmonious management of differences within the family and community context. This research uses a qualitative approach with a case study method, involving in-depth interviews, participant observation, and analysis of local documents as the primary data sources. The results show that multifaith families in the three villages are able to build harmony through several strategies: mutual respect for each member's religious practices, adapting traditions and rituals to be inclusive, and maintaining open communication between family members and neighbors. Furthermore, social interactions at the village level, such as joint celebrations, community activities, and support among residents, contribute to strengthening social cohesion and fostering values of tolerance. This research confirms that the harmonization of religious culture and traditions is not merely a normative concept, but a practice that can be realized through awareness, flexibility, and appreciation of differences. These findings contribute to the understanding of religious moderation at the local level and serve as a reference for developing an adaptive and harmonious model for managing multifaith family diversity.
Harmonization of Islamic Law and Local Wisdom: A Methodological Reconstruction of Ijtihad in Family Law Based on Yusuf al-Qaradawi’s Istinbāṭ Approach Imam Syafi'i; Ramdan Wagianto; Hawa’ Hidayatul Hikmiyah; Irzak Yuliardy Nugroho; Syaikhoni
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18359276

Abstract

This article examines the harmonization of Islamic law and local wisdom in family law issues through the development of the ijtihad method from the perspective of Yusuf al-Qaradawi's istinbāṭ method. Given that contemporary Muslim family issues are increasingly complex, this study emphasizes the need for an istinbāṭ framework that maintains the authenticity of naṣṣ while being responsive to social realities. This study employs a qualitative-normative approach, using usul al-fiqh analysis, and examines al-Qaradawi's key concepts as instruments for integrating local wisdom. Data were collected from exploring library materials related to Yusuf al-Qaradawi's works within the framework of istinbāṭ that was developed. The results of this study show that Yusuf al-Qaradawi developed an istinbāṭ method called istinbāṭ at-taysīr with three types, namely intiqā’iy tarjīhiy, ibdā’iy insyāiy, and intiqā’iy insyā’iy. This method combines as-salafiy, which does not adhere to the opinions of the fiqh schools, and al-mażhabiy, which is guided by the opinions of the imams of the schools, by re-examining the various opinions of the scholars or conducting their own ijtihad and choosing the opinion that provides leniency, provides convenience, is in accordance with the conditions, and combines local wisdom, to realize the greater good. The contribution of this article lies in providing a methodological model to bridge the tension between textuality and contextuality in family law, while offering academics and policymakers a basis for formulating norms that are more just, relevant, and in line with the demands of modern society.
Islamic legal authority in the Indonesian legal system: a historical-normative analysis from the fiqh siyasah perspective Mohammad Lukman Chakim; Irzak Yuliardy Nugroho
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 1 (2026): Asy-Syari'ah: Jurnal Hukum Islam, January 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i1.2412

Abstract

This study aims to analyze the authority of Islamic law in the Indonesian national legal system using the theoretical frameworks of authority and persuasive sources from H. Patrick Glenn, as well as the perspective of fiqh siyasah. This study uses a historical-normative method, tracing the development of Islamic law from the colonial period to post-independence, and analyzing its authority in the current legal system in Indonesia. The results of the study indicate that during the colonial period, Islamic law functioned primarily as a persuasive source, namely, religious norms implemented socio-religiously without formal binding force within the state's legal structure. However, after independence, Islamic law underwent a significant transformation through normative recognition in laws and regulations, such as Law No. 1 of 1974/19 of 2019 and Law No. 7 of 1989 concerning Religious Courts. The existence of these laws implies that Islamic legal norms become legal, binding, and have legal consequences. This transformation from persuasive norms to authoritative norms does not conflict with the principles of the rule of law or the character of Indonesia as a Pancasila state, but rather reflects the dialogical and complementary relationship between religion and the state. In the fiqh siyasah perspective, the state is seen as having the legitimacy to adopt Islamic legal values oriented towards justice and public benefit into positive law.