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Reforming of Marriage Law Through Constitutional Court Decision in Indonesia: Reformasi Undang-Undang Perkawinan Melalui Putusan Mahkamah Konstitusi di Indonesia Rosa, Melia; Huda, Yasrul; Danil, Muhammad; Maulidah, Chabibatul; Arlis, Arlis
Jurnal Konstitusi Vol. 21 No. 4 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2148

Abstract

The authority of the Constitutional Court to conduct judicial review against the 1945 Constitution often generates both support and criticism, particularly among those who feel disadvantaged by the existence of Law No. 1 of 1974. This study employs a qualitative research method with a normative juridical approach. The findings indicate that the Constitutional Court frequently engages in ijtihad (independent reasoning) when adjudicating cases. Additional considerations underlying these decisions include developments in science, technology, reform, and the renewal of Islamic thought, all of which influence the dynamic application of Islamic law in Indonesia. The implication of this study is that the Constitutional Court not only serves as an institution that tests statutory laws against the 1945 Constitution, but also plays an active role in legal interpretation (ijtihad), particularly concerning religious and matrimonial law. Consequently, the Court takes on a more prominent role in directing the development of Indonesian law in line with contemporary changes. Following the Court’s decisions, stricter oversight is necessary to ensure that legal amendments are effectively implemented in practice, so that the benefits of these reforms are truly felt by the public.
The Effectiveness of Istinsyaq and Istinsar as an Islamic-Based Approach in the Prevention and Treatment of Sinusitis: Integration of Spiritual Values and Modern Medical Perspectives Desi Widya Fitri; Ikhwan; Huda, Yasrul
NALAR FIQH: Jurnal Hukum Islam Vol. 15 No. 2 (2024): December 2024
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v15i2.1593

Abstract

The mouth and nose are organs that are vulnerable to exposure to bacteria, viruses and germs, which can trigger various diseases including sinusitis. In Islam, the practices of istinsyaq and istinsar, which are part of ablution, have significant potential in cleansing the nasal cavity and preventing infections. Previous studies have shown the benefits of istinsyaq on respiratory health, but not many have linked it in depth to the prevention and treatment of sinusitis. This research uses the literature study method by analyzing data from various scientific sources such as Mendeley, Google Scholar, and Science Direct to explore the effectiveness of istinsyaq and istinsar in a medical and Islamic context. The results showed that the practices of istinsyaq and istinsar, when performed routinely five times a day in ablution, are similar in effectiveness to modern nasal irrigation methods, clearing mucus, dirt and microorganisms that can cause infection. The findings also indicate a reduced risk of respiratory tract infections and improvement in sinusitis symptoms. This study makes an important contribution by showing that Islamic teachings not only serve as a spiritual act of worship but also offer relevant practical solutions in public health. This study recommends further research to explore the application of istinsyaq as part of public health protocols in the prevention of respiratory diseases.
Islamic Law Versus Adat: Debate about Inheritance Law and the Rise of Capitalism in Minangkabau Huda, Yasrul
Studia Islamika Vol. 15 No. 2 (2008): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sdi.v15i2.531

Abstract

The study of traditional Minangkabau society has stimulated a considerable amount of work on the nature of social change in West Sumatra. In Minangkabau one of the central themes of its intellectual history is the search for the formulation of the relationship between adat and Islam. As a result, some scholarly debated has concentrated on how a matrilineal society, such as Minangkabau, can become one of the most thoroughly Islamized ethnic groups. The survival of adat is under the domination of Islam, although its rules are extremely different from adat, and the integration of Islam with adat.DOI: 10.15408/sdi.v15i2.531
Al-Sharī’ah al-Islāmīyah fī ‘Aṣr al-Amrikazīyah al-Iqlīmīyah bi Indūnīsīya Huda, Yasrul
Studia Islamika Vol. 13 No. 3 (2006): Studia Islamika
Publisher : Center for Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sdi.v13i3.560

Abstract

This article covers the efforts being made by two regions of Indonesia to implement Islamic law, that is, Aceh and West Sumatra. As one of the Special Autonomous Regions in Indonesia, Aceh has far greater freedom and authority to make its own rules and regulations, which includes the use of Islamic law as the rule of law in the area. In order to achieve this objective, the government of Aceh has introduced a regulation regarding the implementation of Islamic law and is quite extensive in that it covers aqidah (Islamic beliefs), ibadah (matters of worship), muamalah (dealings between people), akhlak (character), pendidikan (education), dakwah, baitul mal (the treasury), kemasyarakatan (social matters), syiar Islam (Islamic propogation), pembelaan Islam (defending Islam), peradilan (judicature), jinayat, munakahat (marriage) and waris (inheritance). This means that Islamic law should in theory govern almost all aspects of Islamic law and daily life.DOI: 10.15408/sdi.v13i3.560
Buya, Spiritual Charisma and Political Contention in West Sumatra Abrar, Abrar; Alfadli, Alfadli; Huda, Yasrul; Taufik, Muhammad; Trinanda, Desip; Nasri, Ahmad Luthfy
Islam Realitas: Journal of Islamic and Social Studies Vol. 8 No. 2 (2022): December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/islam_realitas.v8i2.5569

Abstract

The article unravels the roles of buyas (charismatic scholar of the community) in coping with confidence issues amongst politicians who competed in the Limapuluh Kota Regency’ 2015 Regional Election in West Sumatra. The study aims to answer the following questions: first, what are the politicians’ motives to seek audience from the buya? Second, what are rituals and statements that the buya provide? As part of a qualitative research conducted within the Regency, the data were collected through in-depth interviews to four buyas and four candidates. The interview results were then analyzed through qualitative approaches. The result of the study indicates that politicians and their canvassers performed ‘political safari’ by visiting buyas upon becoming candidate hopefuls or being pronounced candidates by the Election Committee. It is worth noting that although buyas never rejected any politician or canvasser who wished to meet them, they were never involved in direct campaigns with the candidates or canvassers. In essence, buyas provide politicians a sense of legitimacy at a time when they are losing confidence in themselves. Eventually, as in all political competitions, there will always be victors and losers.
ZAKAT INSTITUTION UNDER THE GOVERNMENT: POLITICAL INTEREST, CHARITY AND RESISTANCE Huda, Yasrul
El-Qist: Journal of Islamic Economics and Business (JIEB) Vol. 2 No. 2 (2012): October
Publisher : Islamic Economics Department, Faculty of Islamic Economics and Business, Sunan Ampel State Islamic University, Surabaya Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/elqist.2012.2.2.293-310

Abstract

This article investigates an involvement of the government of the Municipaltiy of Padang in West Sumatra in managing zakat institution, namely BAZDA (Badan Amil Zakat Daerah). It argues that the intentions of the mayor in managing the zakat institution aimed to provide an alternative financial source in order to support his position at the mayor. Zakat payers (Muzakki), collector (ʿamil), kinds of property obligated to pay its zakat (māl) and recipients (mustaḥiq) are mainly the matters that link to his authority. The zakat revenue initially was mainly distributed to recipients in form of charity, but since 2010 it has gradually shifted to financialize busninesse run by the poor and needy. The mayor received resistances from many people, but they are mainly in form of individual resistance that are lacking to force the mayor to change his policy. In addition, the emerging resistance is rooted in different values between the mayor and resisters.
The Effectiveness of Istinsyaq and Istinsar as an Islamic-Based Approach in the Prevention and Treatment of Sinusitis: Integration of Spiritual Values and Modern Medical Perspectives Desi Widya Fitri; Ikhwan; Huda, Yasrul
NALAR FIQH: Jurnal Hukum Islam Vol. 15 No. 2 (2024): December 2024
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v15i2.1593

Abstract

The mouth and nose are organs that are vulnerable to exposure to bacteria, viruses and germs, which can trigger various diseases including sinusitis. In Islam, the practices of istinsyaq and istinsar, which are part of ablution, have significant potential in cleansing the nasal cavity and preventing infections. Previous studies have shown the benefits of istinsyaq on respiratory health, but not many have linked it in depth to the prevention and treatment of sinusitis. This research uses the literature study method by analyzing data from various scientific sources such as Mendeley, Google Scholar, and Science Direct to explore the effectiveness of istinsyaq and istinsar in a medical and Islamic context. The results showed that the practices of istinsyaq and istinsar, when performed routinely five times a day in ablution, are similar in effectiveness to modern nasal irrigation methods, clearing mucus, dirt and microorganisms that can cause infection. The findings also indicate a reduced risk of respiratory tract infections and improvement in sinusitis symptoms. This study makes an important contribution by showing that Islamic teachings not only serve as a spiritual act of worship but also offer relevant practical solutions in public health. This study recommends further research to explore the application of istinsyaq as part of public health protocols in the prevention of respiratory diseases.
Reading Al-Ibānah: Habib Salim bin Jindan’s Eclectic Responses to Islamic Ritual Debates in Early 20ᵗʰ Century Indonesia Abror, Muhamad; Lufaefi; Islam, M. Adib Misbachul; Yasrul Huda; Muhammad Nuril Fauzan
Jurnal Lektur Keagamaan Vol 23 No 2 (2025): Jurnal Lektur Keagamaan Vol. 23 No. 2 Tahun 2025
Publisher : Center for Research and Development of Religious Literature and Heritage, Agency for Research and Development and Training, Ministry of Religious Affairs of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31291/jlka.v23i2.1329

Abstract

This study examines the construction of the concept of bid‘ah in the manuscript al-Ibānah fī Tārīkh al-Sunnah by Habib Salim bin Jindan as a response to traditionalist and reformist debates in early twentieth-century Indonesia. Its aim is to trace how Habib Salim’s eclectic perspective emerged through the interplay of hadith authority, Ba‘Alawi genealogical tradition, and engagement with Islamic reformist discourse. The primary data are drawn from al-Ibānah, particularly sections addressing the definition of bid‘ah, additions to prescribed religious practices, and ritual examples such as bodily movements during dhikr, ḥaul commemorations, and non-canonical prayers (Raghā’ib and ʿĀshūrā’). The study employs philological methods to examine the structure and textual presentation of the manuscript, alongside a socio-intellectual historical approach to contextualize al-Ibānah within the development of Indonesian Islamic thought. The analysis reveals that the manuscript advances a framework of bid‘ah that does not fully align with either traditionalist or reformist paradigms. Habib Salim challenges claims from both camps through more flexible classifications and hadith-based argumentation. The findings revise prevailing understandings of Hadrami scholars, who have often been positioned dichotomously in historical narratives. The article’s contribution lies in its reading of religious manuscripts as sources of discourse, its explanation of the intellectual authority of Hadrami sayyids, and its reframing of the dynamics of religious critique within the intellectual history of Indonesian Islam.  
Peran Ayah dalam Pengasuhan Pasca Perceraian: Studi Kasus di Pengadilan Agama Panyabungan Danil, Muhammad; Tambunan, Jannus; Faisal , Ahmad; Huda, Yasrul
JURNAL ILMIAH GEMA PERENCANA Vol 4 No 2 (2025): Jurnal Ilmiah Gema Perencana
Publisher : POKJANAS Bekerja Sama Biro Perencanaan dan Penganggaran, Sekretariat Jenderal Kementerian Agama RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61860/jigp.v4i2.337

Abstract

This study analyzes the judge's decision on the Decision of the Panyabungan Religious Court Number 306/Pdt.G/2018/PA. PYB who gives custody of children (hadhanah) to the father after divorce. In general, such a ruling is considered a departure from the conventional practice where custody of minors usually falls to the mother. Using a normative legal research approach, this study aims to uncover the legal basis and judges' considerations (ratio decidendi) in making these decisions. Secondary data, consisting of court rulings as primary legal material and related legal literature as secondary legal material, were collected through documentation studies and analyzed descriptively-analytically. The results of the study showed that the judge's decision was based on the principle of child's best interest, which was evidenced by factual evidence at the trial regarding the eligibility of the father as a caregiver, regardless of the child's age. This study makes an important contribution in understanding the flexibility and progressiveness of legal interpretation by judges in order to prioritize the welfare of children in the context of divorce decisions.
Selective Linguistic Approach in Islamic Legal Exegesis: A Multi-Dimensional Analysis of Ali al-Shabuni's Rawai' al-Bayan on Surah An-Nur Putri, Neli; Syafruddin, Syafruddin; Huda, Yasrul; Suratman, Junizar
Potret Pemikiran Vol 29, No 1 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/pp.v29i1.3384

Abstract

Linguistic approaches constitute fundamental methodology in Qur'anic legal verse interpretation, yet systematic analysis of their application in contemporary exegesis remains limited. This study analyzes the linguistic approach employed in Muhammad Ali al-Shabuni's Rawai' al-Bayan Tafsir Ayat Ahkam, focusing on Surah An-Nur as a case study. Employing qualitative document analysis with Yin's five-stage analytical framework, this research examined nine legal themes across Surah An-Nur, mapping linguistic dimensions against classical lughawi exegesis standards. Al-Shabuni employs a selective multi-dimensional linguistic methodology integrating four primary dimensions: lexical analysis (al-tahlil al-lafzi), syntactic analysis (wujuh al-i'rab), morpho-phonological analysis (wujuh al-qira'at), and rhetorical-semantic analysis (latha'if al-tafsir). Distribution analysis reveals lexical and rhetorical approaches appear consistently across all themes, while morphological and syntactic analyses emerge selectively where grammatically consequential for legal interpretation. This functional selectivity demonstrates pedagogical innovation rather than methodological limitation, strategically deploying linguistic analysis to illuminate legally relevant textual features. Al-Shabuni's approach exemplifies sophisticated linguistic methodology, balancing scholarly rigor with pedagogical accessibility, and offers a replicable model for contemporary Islamic legal education that maintains fidelity to classical tradition while adapting to modern educational contexts