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Interpreting ‘bulugh’: enhancement of women’s right through management of marriage within salafi community in Wirokerten Yogyakarta Fatum Abubakar; Euis Nurlaelawati; Ahmad Bunyan Wahib
Indonesian Journal of Islam and Muslim Societies Vol 12, No 1 (2022): Indonesian Journal of Islam and Muslim Societies
Publisher : IAIN Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijims.v12i1.139-163

This article discusses Salafi Wirokerten women and the enhancement of their status and rights through management of marriage and interpretation of bulugh (legal maturity for marriage). It therefore observes the practice of marriage within Salafi women in term of age and their attitudes toward their own manhaj. It also seeks to see the Salafi’s attitude in general toward the state law of marriage. The materials of this article were obtained from ethnographic investigation that was conducted in a Wirokerten village in Banguntapan sub-district of Yogyakarta in 2018-2019 through interviews, participatory observations, group discussions. Deploying anthropological approach this article finds that Salafi women have notions to improve their rights, and they stress the importance of the maturity of religious knowledge. This article also argues that Salafi women identify themselves as Salafi agents by transforming authority to gain manhaj recognition of marital management as a source of strength and empowerment. In addition, it concludes that Salafi women have an important role in bridging relations of the Salafi manhaj with the state and that while negotiating state law with their own manhaj, they often need to refer to Islamic doctrines to base and strengthen their position. They refer not only to Islamic teachings but also propagate narratives of the significance of study and of being knowledgeable to do and thus to marry.

PERKAWINAN EKSOGAMI: LARANGAN PERKAWINAN SATU DATUAK DI NAGARI AMPANG KURANJI, SUMATERA BARAT Nola Putriyah; Ahmad Bunyan Wahib
Al-Ahwal: Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2015)
Publisher : Universitas Islam Negeri (UIN) Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ahwal.2015.08205

People of Nagari Ampang Kuranji implement exogamous marriage in the form of inter clan and kinship marriage. This exogamous marriage, however, are varies among the nagaris. The existence of datuak in every clan brings an effect to the possibility of a groom to have a bride from one clan under the condition of different datuak. Customary fines will be applied to those who trespasses this customary regulation. This article tries to elucidate exogamous marriage in Ampang Kuranji from the perspective of Islamic law. Utilizing ‘urf perspective, this article argues that exogamous marriage among people of Nagari Ampang Kuranji can be considered as ‘urf sahih, a customary tradition that is inline with Islamic teachings.

Defending Women's Legal Rights through Organizations in Turkey Ahdiyatul Hidayah; Ahmad Bunyan Wahib
An-Nisa': Journal of Gender Studies Vol. 15 No. 2 (2022): List of Contents
Publisher : LP2M UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/annisa.v15i2.109

Turkey is a progressive country in defending women's rights. So to achieve equal rights they have to fight not easily. This research focues on the renewal of women's rights to obtain the same rights as men through various women's movements. This study aims to find out the extent of the journey of the women's movement to get equal rights with men. This research uses an approach to the social movements integration, which is a theory that prioritizes rational attitudes so that an action is an organized collective. The results showed that the women's movement in Turkey are almost gave up because it was not considered by the State. They only considered to play a role in the household, so women had no other rights. It was this factor that eventually gave rise to various women's movements, confidently and supporting each other with a journey that was not easy, finally, women got equal rights as men had rights.

MARRIAGE REGISTRATION AND SOLEMNIZATION AMONG MIGRANT MUSLIMS IN GERMANY: Harmonizing Islamic and State Law and the Existence of Origin Country Law Ahmad Bunyan Wahib
Al-Ahwal: Jurnal Hukum Keluarga Islam Vol. 15 No. 2 (2022)
Publisher : Universitas Islam Negeri (UIN) Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ahwal.2022.15207

This article highlights the way of Islamic and state law intersect in the context of marriage administration and solemnization among migrant Muslim groups in Germany, with a particular emphasis on the coexistence of Islamic law and state law. The differences between the two legal systems are well known, with Islamic law being religious in nature and German law being secular. However, the article argues that interviews with two Turkish and Egyptian mosque imams in Göttingen reveal a harmonious relationship between the two legal systems. It sheds light on the ways in which these legal systems can complement each other and work together in harmony, despite their differences. The harmony between Islamic law and state law in Germany is linked to the context in which these legal systems are implemented, including their nature, place, time, and manner. The flexible and adaptable nature of Islamic law means that it can negotiate and adapt to state law depending on the circumstances. At the same time, the religious practices carried out by immigrant Muslim communities in Göttingen also reflect the presence of the law of their countries of origin.[Artikel ini membahas tentang praktik administrasi perkawinan yang dilakukan oleh kelompok minoritas Muslim di Jerman dengan fokus pada keberadaan hukum negara dan hukum Islam. Meskipun kedua system hukum ini mempunyai aturan yang berbeda secara substansi dan procedural, hasil wawancara dengan dua Imam masjid komunitas Turki dan Mesir di Goettingen menunjukkan adanya hubungan yang harmonis antara kedua system hukum tersebut. Harmoni yang terjadi antara hukum Islam dan hukum negara di Jerman ini berhubungan dengan watak, tempat, waktu, dan cara kedua system hukum ini dilaksanakan. Watak dan karakter hukum Islam yang lentur/fleksibel berkaitan dengan waktu dan tempat pelaksanaan, menjadikan hukum Islam mampu bernegoisasi dan beradaptasi dengan hukum Negara. Pada level tertentu, tata cara praktik keagamaan yang dilakukan oleh komunitas immigrant Muslim di Goettingen ini juga mencerminkan/membawa keberadaan hukum negara asal Muslim imigran.]

FINDING COMMON GROUND: Balancing Muslim Burial Practices And State Law in Göttingen Ahmad Bunyan Wahib
AL-TAHRIR Vol 22, No 2 (2022): Islamic Studies
Publisher : IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/altahrir.v22i2.6068

This article discusses the burial practices of Muslims in Göttingen, Germany. Differences between Islamic law and German state law, both procedurally and substantively, have created problems for German Muslims in carrying out burials. Based on interviews with two respondents who have experience in caring for the deceased, the article argues that the burial process involves elements of both the implementation and neglect of Islamic law. Islamic law is evident in the process of bathing, shrouding, and offering funeral prayers for the deceased. However, during the waiting period between a person's death and burial, as well as during the burial process itself, the respondents leave Islamic law behind and follow the laws of the state. This approach is influenced by two factors: if the times for implementing both laws do not overlap, then German Muslims can apply Islamic law. However, if the times for implementing both legal systems overlap, German Muslims choose to follow state law. Additionally, during the burial process, German Muslims cannot fully implement Islamic law due to limited burial facilities. The limited cemetery space for Muslims prevents them from burying the deceased facing Mecca.

FINDING COMMON GROUND: Balancing Muslim Burial Practices And State Law in Göttingen Ahmad Bunyan Wahib
AL-TAHRIR Vol 22 No 2 (2022): Islamic Studies
Publisher : IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/altahrir.v22i2.6068

This article discusses the burial practices of Muslims in Göttingen, Germany. Differences between Islamic law and German state law, both procedurally and substantively, have created problems for German Muslims in carrying out burials. Based on interviews with two respondents who have experience in caring for the deceased, the article argues that the burial process involves elements of both the implementation and neglect of Islamic law. Islamic law is evident in the process of bathing, shrouding, and offering funeral prayers for the deceased. However, during the waiting period between a person's death and burial, as well as during the burial process itself, the respondents leave Islamic law behind and follow the laws of the state. This approach is influenced by two factors: if the times for implementing both laws do not overlap, then German Muslims can apply Islamic law. However, if the times for implementing both legal systems overlap, German Muslims choose to follow state law. Additionally, during the burial process, German Muslims cannot fully implement Islamic law due to limited burial facilities. The limited cemetery space for Muslims prevents them from burying the deceased facing Mecca.

Reformasi Hukum Waris Di Negara-Negara Muslim Wahib, Ahmad Bunyan
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48 No 1 (2014)
Publisher : UINSunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v48i1.79

The development of Islamic law in the modern world shows that Islamic law of inheritance (faraid) has become the most persistent part to the influences of modernity. The sacredness of faraid and its detailed Quranic regulation are among the reasons behind this situation. The development of Muslim family system from extended to become nuclear family system, however, has forced Muslim countires to reform their regulation of law. One of important fruits of the reform is strengthening the right of spouse and the descendant of muwarith, as the member of nuclear family. Husband or wife has a right to receive return (radd). Orphaned granchildren can replace the position of his/her parent to receive the wealth from his/her granparents under the framework of obligatory will or substitute heirs (plaatvervuling).

Unregistered Marriages in Sabah: Indonesian Migrant Workers at the Crossroads of Faith, Law, and Livelihood Wahib, Ahmad Bunyan; Hayat, Muhammad Jihadul; Awang, Nurulbahiah
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i2.702

The immigration policy of Malaysia prohibits migrant workers from marrying during their employment contract, whether with fellow migrant workers or Malaysian citizens. However, despite this prohibition, the practice of marriage between Indonesian migrant workers, often referred to as kawin kampung (village marriage), has been prevalent for many years in Sabah, Malaysia. This marriage practice occurs without the involvement of the state and is not officially registered, thus classified as an unofficial or nikah sirri (secret marriage). Nevertheless, such marriages are recognized socially within the community, even though they are not legally acknowledged (illegal but licit). This research aims to explain the structure and agency involved in marriage practice among Indonesian migrant workers. Taking the floor in Sabah, Malaysia, data were gathered through interviews with related parties in the field. This research employs Giddens' theory of structuration. This research argues that the practice of kawin kampung (village marriage) among Indonesian migrant workers (PMI) in Sabah, is a multifaceted issue influenced by a combination of religious, legal, economic, and social factors. Their religious belief constitutes an essential foundation for sustaining life within the oil palm plantations. Although their marriages cannot be categorized as legally valid under the Malaysian state law, they are many times underhand allowed by the company and can gradually and annually be submitted for official validation (isbat nikah) at the Indonesian representative office. Inconsistent law enforcement against undocumented immigrants has enabled their continued entry, thereby perpetuating the practice of unregistered marriages (kawin kampung) among Indonesian migrants.

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