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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Jurnal Ilmiah Al-Syir'ah Journal Research of Social Science, Economics, and Management
Asni Asni
Universitas Islam Negeri Alauddin Makassar
Religion Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Model of Islamic Governance and Judicial Independence: A Study of the Separation of Powers in the Era of Khulafaur Rasyidin Bani Adam I'tishan; Ahmad Zulkifli Affandi; Abdul Halim Talli; Asni Asni
Journal Research of Social Science, Economics, and Management Vol. 4 No. 11 (2025): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v4i11.888

Abstract

The separation of powers is a fundamental principle for ensuring justice and preventing the abuse of authority within a governance system. In the context of Islamic history, particularly during the Rashidun Caliphate, the need to distinguish between executive and judicial authority emerged as essential to uphold legal integrity and the rule of justice. This study aims to analyze the early development (embryo) of the separation of powers during the Rashidun era, identify the socio-historical factors that influenced it, and evaluate its impact on the effectiveness and integrity of the Islamic judicial system. This research employs a socio-historical approach, utilizing content analysis of classical Islamic texts and historical documents, as well as historical comparison of governance practices of the period. The findings indicate that the institutionalization of judicial independence began under the leadership of Caliph Umar ibn al-Khattab through the appointment of independent qadis, provision of stable salaries, and the establishment of judicial oversight mechanisms. Factors such as urbanization, territorial expansion, increasing societal complexity, and the need for administrative efficiency were central to these reforms. The study concludes that the separation of powers in the Rashidun era was not only a pragmatic solution to governance challenges but also a reflection of core Islamic principles of justice. This historical model offers a valuable precedent for strengthening judicial independence and ethical governance, and remains relevant as a reference for contemporary judicial reform in Muslim-majority societies.
Women Judging Women: Gender Sensitivity in the Decisions of Divorce Cases of Indonesian Religious Courts Asni Asni; Muhammad Iqbal
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 20 No 2 (2025)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v20i2.18999

Abstract

This article examines patterns of gender sensitivity in divorce rulings issued by female judges in Indonesian Religious Courts and analyzes the factors shaping their judicial reasoning. Using an empirical legal research design, the study combines document analysis of selected divorce decisions with in-depth interviews of female judges in several Religious Courts across Sulawesi. Guided by Alimatul Qibtiyah’s framework of gender sensitivity, the findings identify two dominant patterns: moderate and progressive. The moderate pattern is reflected in judicial reasoning that balances religious norms with social realities, emphasizing maṣlaḥah, harm prevention, and the psychological welfare of women and children within existing legal frameworks. The progressive pattern is evident in decisions that explicitly recognize domestic violence, economic neglect, and psychological abuse, and actively enforce women’s post-divorce rights, including nafkah ‘iddah, mut’ah, past maintenance, and child support, even in wife-initiated divorce cases. These patterns are influenced by factors such as gender-based empathy, professional experience, judicial training, and the implementation of Supreme Court regulations on gender-sensitive adjudication. This study highlights the role of female judges in advancing substantive justice in Islamic family law and underscores the importance of strengthening institutional support to ensure consistent protection of women’s rights in Religious Courts.
Gender Justice in Tudang Sipulung: An Ecofeminist–Maqāṣid al-Sharīʿah Reading of Inheritance in Bugis Bone, Indonesia Asni Asni; Tarmizi Tarmizi; Kiljamilawati Kiljamilawati; Patimah Patimah; Kartini Kartini; Md. Yazid Ahmad
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3572

Abstract

This article examines Tudang Sipulung, a traditional deliberative forum within the Bugis community of Bone Regency, South Sulawesi, as a culturally embedded mechanism for the distribution of inheritance. Using an ecofeminist perspective alongside the framework of maqāṣid al-sharīʿah, the study employs an empirical legal approach combined with legal-anthropological analysis. Data were collected through semi-structured interviews with religious leaders, local government officials, and heirs, supported by field observations and an examination of religious court decisions and village archival records. The findings show that women actively participate in inheritance deliberations and play a significant role in maintaining both family harmony and environmental sustainability. Their involvement reflects a close relationship between women’s economic responsibilities, household livelihoods, and ecological awareness. The practice of Tudang Sipulung demonstrates the protection of wealth (ḥifẓ al-māl) through negotiated and equitable distribution; the protection of lineage (ḥifẓ al-nasl) by reducing intrafamily conflict; and the protection of life (ḥifẓ al-nafs) by discouraging excessive accumulation and social tension. Conceptually, this study contributes to Islamic legal scholarship by reading customary inheritance practices through the combined lenses of ecofeminism and maqāṣid al-sharīʿah. In practice, it offers a gender-sensitive, environmentally grounded mediation model that may inform the resolution of inheritance disputes in pluralistic social settings.
Co-Authors Abdul Halim Talli Ahmad Zulkifli Affandi Bani Adam I'tishan Hikmah Waty As Kartini Kartini Kiljamilawati Kiljamilawati Md. Yazid Ahmad Muhammad Iqbal Patimah Patimah Rahma Amir Tarmizi Tarmizi