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All Journal Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam JOURNAL OF INDONESIAN ISLAM ISLAMICA: Jurnal Studi Keislaman AL-HUKAMA´ Al-Daulah : Jurnal Hukum dan Perundangan Islam Jurnal Pembelajaran Pemberdayaan Masyarakat (JP2M) Ma'mal: Jurnal Laboratorium Syariah dan Hukum Al-Hukama: The Indonesian Journal of Islamic Family Law
A. Kemal Riza
Universitas Islam Negeri Sunan Ampel Surabaya
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : JOURNAL OF INDONESIAN ISLAM

 1 
EXERCIZING IJTIHAD Fatwa and Ifta in Indonesia Today Achmad Kemal Riza
JOURNAL OF INDONESIAN ISLAM Vol 1, No 2 (2007)
Publisher : State Islamic University (UIN) of Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (133.449 KB) | DOI: 10.15642/JIIS.2007.1.2.442-447

Abstract

Book ReviewBook title:Indonesian Islam: Social Change Through Contemporary FatawaAuthor:M.B. HookerNo. of Pages:X + 310Year:2003Publisher:Asian Studies Association of Australia, Allen and Unwin, and University of Hawaii Press Honolulu
WHY DID KOMPILASI HUKUM ISLAM SUCCEED WHILE ITS COUNTER LEGAL DRAFT FAILED? A Political Context and Legal Arguments of the Codification of Islamic Law for Religious Courts in Indonesia Ahmad Imam Mawardi; A. Kemal Riza
JOURNAL OF INDONESIAN ISLAM Vol 13, No 2 (2019)
Publisher : State Islamic University (UIN) of Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (427.881 KB) | DOI: 10.15642/JIIS.2019.13.2.421-453

Abstract

Codification is a relatively new phenomenon in Islamic legal history. It intensified in the second half of the 20th Century with the adoption of modern nation state by Muslims which eventually replaced the judicial function of madhhab. Thus, fiqh must transform into state-sanctioned law to remain relevant, as it is also an avenue to apply Islamic law in Indonesian Religious courts. This article aims at unveiling the process of codification of three statutes of Islamic family law, but with different result. While KHI was successfully enacted, CLD KHI failed after facing fierce opposition from Muslim community. The different fate of these two statutes is at least due to two aspects; time and content. KHI was enacted in 1991 when president Soeharto was courting Muslim groups for political supports in his New Order authoritarian regime. Its content is somewhat mirroring the 1974 Marriage Law. Drafts of CLD-KHI was circulated in 2004 after the fall of Soeharto in which free speech is a norm. Content wise, CLD KHI featured liberal interpretation of Islamic family law or even departure from it which is prone to opposition from various Muslim groups.
CONTEMPORARY FATAWA OF NAHDLATUL ULAMA: Between Observing the Madhhab and Adapting the Context Achmad Kemal Riza
JOURNAL OF INDONESIAN ISLAM Vol 5, No 1 (2011)
Publisher : State Islamic University (UIN) of Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (338.918 KB) | DOI: 10.15642/JIIS.2011.5.1.35-65

Abstract

SWINGS AND ROUNDABOUTS ON GENDER ISSUES: Lesson from Female Circumcision Fatwa of KUPI and FMPP Naily, Nabiela; Riza, Achmad Kemal
JOURNAL OF INDONESIAN ISLAM Vol 19, No 1 (2025)
Publisher : State Islamic University (UIN) of Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/JIIS.2025.19.1.239-262

Abstract

Among the contentious issues in contemporary Islamic law are gender related issues in which the progressive group within Nahdlatul Ulama differs sharply from the conservatives. This article discuss the recommendations of KUPI II congress (2nd congress of female Ulama) held in Jepara Central Java in November 2022 on Female Genital Mutilation/Cutting (FGM/C) which was challenged by the 38th FMPP (bahtsul masail forum of pesantren students) held in Kediri East Java in January 2023. Although there is difference in stipulating the term which might complicate the issue, KUPI delegitimizes all forms of dangerous FGM/C without medical reasons which is then sharply opposed by FMPP that insists that female circumcision is obligatory in Shafii maddhab observed by traditionalist Muslims in Indonesia. The two groups belong to Nahdatul Ulama background, but their opinions are in sharp contrast. KUPI is a continuation of progressive thought within Nahdlatul Ulama which has been nurtured since the 1970s, whereas FMPP is the true traditionalism bearer of Nahdlatal Ulama in many pesantren. Their encounter in various contested issues is predictably still going to happen in the future due to the insistence in holding their views.
Co-Authors Ahmad Imam Mawardi Al-Maliki, Muhammad Alwi Al-Maliki, Muhammad Alwi Annisa', Raudhatun Bilhaq, Ahmad Razan Biroroh, Ta’mirotul eka rahmawati Faby Toriqir Rama Farahdiba, Ani Nabila Haikal, Ahmad Hasanain Hidayah, Aisyah M. Maulana Asegaf Muhammad Alwi Al-Maliki Nabiela Naily Rama, Faby Toriqir Rama, Faby Toriqir Wibowo, Alya Ghina