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The Paradigm Shift of Wali Mujbir in Islamic Jurisprudence Following Law No. 12 of 2022 on Sexual Violence Crimes in the Banda Aceh Office of Religious Affairs Innaki Rahmah Salsabiela; Yuni Roslaili; Nufiar Nufiar; Farhan Nurhadi
Islamic Studies and Civilization Journal Vol. 1 No. 1 (2025)
Publisher : Prodi Magister Ilmu Agama Islam, Pascasarjana UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/1.1.2

Abstract

The shift in the meaning and position of the wali mujbir in the marriage of daughters in Indonesia has become an interesting issue to analyze following the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes. In classical Islamic law, a wali mujbir holds full authority to marry off his daughter without her consent. However, this new regulation, through Article 10 of the Sexual Violence Crimes Law, imposes limitations and criminal sanctions on forced child marriages. This study aims to analyze the position of wali mujbir under Islamic law and Indonesian marriage regulations, the shift in meaning and status of wali mujbir post-enactment of Law Number 12 of 2022, its implementation in the Religious Affairs Offices (KUA), and the maslahah (public interest) values ​​in the UU TPKS regarding child marriage. The research employs normative and empirical/sociological legal methods, using a conceptual and qualitative approach. The data were analyzed qualitatively. The findings reveal that while the concept of wali mujbir in Isla The Minister of Religious Affairs should strictly regulate interview procedures to detect potential coercion by the wali. The government is advised to revise the Marriage Law to explicitly prohibit forced marriage and align it with the TPKS Law and the Child Protection Law. KUA officers should receive gender-sensitive training and be required to provide a private, safe space for prospective brides to express objections without family or guardian pressure.
Mediatization of Islamic Religious Teachings for the Deaf: Problems and Handling Strategies in East Java Ngainun Naim; Rizqa Ahmadi; Yuni Roslaili; Ghinanjar Akhmad Syamsudin
Tribakti: Jurnal Pemikiran Keislaman Vol. 37 No. 2 (2026): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v37i2.8527

Abstract

Deaf people face serious challenges in the context of Islamic religious learning. Inappropriate Islamic religious teachings result in an incomplete understanding of the teachings that must be practiced in daily life. In some cases, this incomplete understanding leads to behavior that is inappropriate or even contradictory to Islamic religious teachings. This study aims to identify various problems faced by deaf people and the strategies for mediatizing Islamic religious teachings to optimize their acceptance of these teachings. This study was conducted in East Java. The method used was qualitative, with data collection techniques involving interviews, observation, and documentation. This study finds that the fundamental problems faced by deaf people include cultural issues, psychological issues, family parenting patterns, negative stigma, and unsupportive policies. Possible mediatization strategies include using a humanitarian approach to convey religious messages, creating a system that supports the acceptance of Islamic religious materials, optimizing the role of the Ministry of Religious Affairs, and optimizing the role of Islamic community-based organizations. The solution should be implemented according to a disability-centred paradigm, which encompasses both social and religious dimensions. Religious experience involving the body, sign language, and media constitutes a lived and embodied Islamic approach for Deaf people.
Mediatization of Islamic Religious Teachings for the Deaf: Problems and Handling Strategies in East Java Ngainun Naim; Rizqa Ahmadi; Yuni Roslaili; Ghinanjar Akhmad Syamsudin
Tribakti: Jurnal Pemikiran Keislaman Vol. 37 No. 2 (2026): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v37i2.8527

Abstract

Deaf people face serious challenges in the context of Islamic religious learning. Inappropriate Islamic religious teachings result in an incomplete understanding of the teachings that must be practiced in daily life. In some cases, this incomplete understanding leads to behavior that is inappropriate or even contradictory to Islamic religious teachings. This study aims to identify various problems faced by deaf people and the strategies for mediatizing Islamic religious teachings to optimize their acceptance of these teachings. This study was conducted in East Java. The method used was qualitative, with data collection techniques involving interviews, observation, and documentation. This study finds that the fundamental problems faced by deaf people include cultural issues, psychological issues, family parenting patterns, negative stigma, and unsupportive policies. Possible mediatization strategies include using a humanitarian approach to convey religious messages, creating a system that supports the acceptance of Islamic religious materials, optimizing the role of the Ministry of Religious Affairs, and optimizing the role of Islamic community-based organizations. The solution should be implemented according to a disability-centred paradigm, which encompasses both social and religious dimensions. Religious experience involving the body, sign language, and media constitutes a lived and embodied Islamic approach for Deaf people.
Mediatization of Islamic Religious Teachings for the Deaf: Problems and Handling Strategies in East Java Ngainun Naim; Rizqa Ahmadi; Yuni Roslaili; Ghinanjar Akhmad Syamsudin
Tribakti: Jurnal Pemikiran Keislaman Vol. 37 No. 2 (2026): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v37i2.8527

Abstract

Deaf people face serious challenges in the context of Islamic religious learning. Inappropriate Islamic religious teachings result in an incomplete understanding of the teachings that must be practiced in daily life. In some cases, this incomplete understanding leads to behavior that is inappropriate or even contradictory to Islamic religious teachings. This study aims to identify various problems faced by deaf people and the strategies for mediatizing Islamic religious teachings to optimize their acceptance of these teachings. This study was conducted in East Java. The method used was qualitative, with data collection techniques involving interviews, observation, and documentation. This study finds that the fundamental problems faced by deaf people include cultural issues, psychological issues, family parenting patterns, negative stigma, and unsupportive policies. Possible mediatization strategies include using a humanitarian approach to convey religious messages, creating a system that supports the acceptance of Islamic religious materials, optimizing the role of the Ministry of Religious Affairs, and optimizing the role of Islamic community-based organizations. The solution should be implemented according to a disability-centred paradigm, which encompasses both social and religious dimensions. Religious experience involving the body, sign language, and media constitutes a lived and embodied Islamic approach for Deaf people.
Analysis of DSN MUI Fatwa No. 77/DSN-MUI/VI/2010 Concerning Non-Cash Gold Purchases and Sales Nurfajri Siswi; Nurjanah Ismail; Yuni Roslaili; Abdul Manan; Muhammad Ash Shiddiqi
Madania: Jurnal Kajian Keislaman Vol 29, No 2 (2025): DECEMBER
Publisher : Universitas Islam Negeri (UIN) Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/madania.v29i2.9365

Abstract

This study aims to examine the legal basis and views of Islamic scholars regarding the practice of non-cash gold trading and assess its compliance with Islamic economic principles, particularly regarding the permissibility of such practices as regulated in the DSN-MUI Fatwa No. 77/DSN-MUI/V/2010, considering that gold now has a dual role as an investment tool and a high-value commodity. Using a qualitative methodology through a comprehensive literature review sourced from the Quran, hadith, DSN-MUI fatwa, and inter-school fiqh literature, this study examines in depth the legal arguments that form the basis for the permissibility of non-cash gold transactions. The findings show that DSN-MUI permits such practices with the application of strict conditions, including certainty of ownership, price transparency, and avoidance of usury elements, and this view is in line with the thoughts of some scholars such as Ibn Taimiyah and Ibn Qayyim who provide room for legal adaptation to the development of the modern economic system as long as Islamic principles are maintained. The main contribution of this research lies in the affirmation and integrative argumentation that non-cash gold buying and selling can be justified according to sharia as long as the principles of justice, transparency, and prudence are met, so that this practice is not only consistent with the objectives of sharia to realize benefits and prevent losses, but also relevant in answering the needs of gold transactions in the contemporary era. Penelitian ini bertujuan mengkaji dasar hukum dan pandangan ulama mengenai praktik jual beli emas tidak tunai serta menilai kesesuaiannya dengan prinsip ekonomi syariah, khususnya terkait kebolehan praktik tersebut sebagaimana diatur dalam Fatwa DSN-MUI No. 77/DSN-MUI/V/2010, mengingat posisi emas yang kini memiliki peran ganda sebagai alat investasi sekaligus komoditas bernilai tinggi. Menggunakan metodologi kualitatif melalui kajian pustaka komprehensif yang bersumber dari Alquran, hadis, fatwa DSN-MUI, dan literatur fikih lintas mazhab, penelitian ini menelaah secara mendalam argumentasi hukum yang menjadi dasar diperbolehkannya transaksi emas secara tidak tunai. Hasil temuan menunjukkan bahwa DSN-MUI membolehkan praktik tersebut dengan penerapan syarat-syarat ketat, antara lain adanya kepastian kepemilikan, transparansi harga, serta penghindaran dari unsur riba, dan pandangan ini sejalan dengan pemikiran sebagian ulama seperti Ibnu Taimiyah dan Ibnu Qayyim yang memberikan ruang adaptasi hukum terhadap perkembangan sistem ekonomi modern selama prinsip syariah tetap terjaga. Kontribusi utama penelitian ini terletak pada penegasan dan argumentasi integratif bahwa penjualan beli emas tidak tunai dapat dibenarkan secara syariah selama prinsip keadilan, keterbukaan, dan kehati-hatian terpenuhi, sehingga praktik tersebut tidak hanya konsisten dengan tujuan syariah untuk mewujudkan kemaslahatan dan mencegah kerugian, tetapi juga relevan dalam menjawab kebutuhan transaksi emas pada era kontemporer.
A Comparative Analysis Between Positive Law and Islamic Fiqh on the Phenomenon of Money Politics in ElectionsPublic in Aceh Singkil Regency Sayuti Sayuti; Nufiar; Yuni Roslaili; Jailani
Al Qodiri : Jurnal Pendidikan, Sosial dan Keagamaan Vol. 24 No. 2 (2026): Al Qodiri: Jurnal Pendidikan, Sosial dan Keagamaan
Publisher : Universitas Islam KH. Achmad Muzakki Syah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53515/alqodiri.v24i2.153

Abstract

Money politics remains a significant challenge to electoral integrity in Aceh Singkil Regency, creating tension between democratic principles, positive legal norms, and the Islamic values embraced by the majority of the population. This study aims to comparatively analyze the perspectives of Indonesian positive law and Islamic jurisprudence on the phenomenon of money politics and to formulate an integrative framework for its eradication within the context of a region implementing Islamic law. This research employed a qualitative library research design with a comparative approach. Data were collected through documentary analysis of election laws and regulations, classical and contemporary fiqh literature, scholarly books, journal articles, and relevant research reports. The findings reveal that positive law defines money politics within a relatively narrow procedural and material framework, emphasizing formal legal elements, criminal sanctions, and strict evidentiary requirements. In contrast, Islamic jurisprudence conceptualizes money politics as risywah, encompassing all forms of benefits intended to influence political decisions, supported by broader moral, social, and spiritual sanctions as well as a more flexible evidentiary approach. The study further demonstrates that each legal system possesses distinct strengths and limitations in addressing electoral bribery. Consequently, an integrated model combining the legal certainty of positive law with the ethical and preventive values of Islamic jurisprudence is necessary. Such integration may be implemented through regulatory harmonization, religious-based political education, community participation, and local social control mechanisms. In conclusion, strengthening synergy between state legal institutions and Islamic moral values offers a more comprehensive strategy for preventing and combating money politics, thereby promoting cleaner, fairer, and more accountable elections in Aceh Singkil Regency.
Mediatization of Islamic Religious Teachings for the Deaf: Problems and Handling Strategies in East Java Ngainun Naim; Rizqa Ahmadi; Yuni Roslaili; Ghinanjar Akhmad Syamsudin
Tribakti: Jurnal Pemikiran Keislaman Vol. 37 No. 2 (2026): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v37i2.8527

Abstract

Deaf people face serious challenges in the context of Islamic religious learning. Inappropriate Islamic religious teachings result in an incomplete understanding of the teachings that must be practiced in daily life. In some cases, this incomplete understanding leads to behavior that is inappropriate or even contradictory to Islamic religious teachings. This study aims to identify various problems faced by deaf people and the strategies for mediatizing Islamic religious teachings to optimize their acceptance of these teachings. This study was conducted in East Java. The method used was qualitative, with data collection techniques involving interviews, observation, and documentation. This study finds that the fundamental problems faced by deaf people include cultural issues, psychological issues, family parenting patterns, negative stigma, and unsupportive policies. Possible mediatization strategies include using a humanitarian approach to convey religious messages, creating a system that supports the acceptance of Islamic religious materials, optimizing the role of the Ministry of Religious Affairs, and optimizing the role of Islamic community-based organizations. The solution should be implemented according to a disability-centred paradigm, which encompasses both social and religious dimensions. Religious experience involving the body, sign language, and media constitutes a lived and embodied Islamic approach for Deaf people.