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All Journal Al-'Adalah Jurnal Muadalah DiH : Jurnal Ilmu Hukum Al-Ahkam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Anterior Jurnal Syariah: Jurnal Hukum dan Pemikiran Jurnal Hadratul Madaniyah Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Islamic Law JIAL (Journal of Indonesian Adat Law) JHCLS Kawanua International Journal of Multicultural Studies Journal of Islamic and Law Studies (JILS) Al-Istinbath: Jurnal Hukum Islam Mu'adalah: Jurnal Studi Gender dan Anak Suhuf: International Journal of Islamic Studies
Gusti Muzainah
Universitas Islam Negeri Antasari Banjarmasin
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences Other

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BABILANGAN: THE TRADITION OF BANJARESE PEOPLE BEFORE MARRIAGE IN FIQH MUWAZANAH PERSPECTIVE Wafi, Akhmad; Muzainah, Gusti; Siti Maghfirah; Nur Hikmah
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 3 (2025)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i3.17728

Abstract

The custom of "Babilangan" is a tradition of the Banjar people who calculate the value of Arabic letters in the name of the bride-to-be to predict the compatibility and harmony of the household. This tradition reflects prudence in choosing a partner with the aim of avoiding potential disharmony in the marriage. However, the results of Banjar's prophecy often influenced the decision to get married, even to the point of canceling the wedding plan if it was considered unsuitable. From the perspective of muwazanah jurisprudence, this custom raises a controversy between the real benefits of marriage, such as maintaining offspring and carrying out the Sunnah of the Prophet, and the bad impact that is possibility of divorce. This study, which uses a normative legal method with a fiqh approach to the rules, assesses that the real benefits of marriage are more important than the alleged bad impact of predicted. The rules of fiqh state, "Definite benefits should not be abandoned because of the alleged mafsadah." Therefore, while Babilangan is useful as a measure of estimation, the decision to get married should not depend entirely on the outcome of the prophecy. Brides-to-be are advised to consider mental, financial, and religious readiness in choosing a partner, because these aspects are more relevant in realizing a harmonious household according to Islamic law. With this approach, the Babilangan tradition can be preserved as part of local wisdom without putting aside religious principles.
Moderation of Homosexual Fiqh in Indonesia: A Study of The Huzaemah Tahido Yanggo’s thought Ariyadi, Ariyadi; Muzainah, Gusti; Setiawan, Alfiandri; Islamy, Athoillah; Susilo, Adib
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (775.918 KB) | DOI: 10.29240/jhi.v7i2.5462

Abstract

This study aims to identify the moderation of Huzaemah Tahido Yanggo's fiqh of the law of purity over homosexual acts. This is a qualitative research in the form of heirloom studies which uses a normative-philosophical approach. The paradigm of moderate fiqh conceptualized by M. Quraish Shihab becomes the theory of analysis. The results show that there is a paradigm basis for moderate fiqh in the construction of Huzaemah's fiqh on the law of purity over homosexual acts. This great conclusion can be seen from the following various aspects. The first aspect is the dimensions of the paradigm of fiqh al-maqashid and fiqh al-awlawiyat in the use of theological foundations that emphasize the realization of the benefit orientation of Islamic sharia, namely the regeneration of offspring (hifz al-nasl) and the protection of honor (hifz al-'ird). The second aspect is the paradigm pattern of fiqh al-muwazanat, and fiqh al-ma'alat in the basis of consideration of the impact of disease from a medical perspective, and violations of national legal norms in Indonesia. The pattern of the fiqh al-ma'alat paradigm can also be seen from Huzaemah's advice to the community and the government to realize preventive efforts, healing as well as rehabilitation and empowerment of homosexual actors to positive things. The theoretical implications of this study show that a holistic fiqh paradigm is needed in prohibiting homosexual acts, namely by involving multiple perspectives, such as medical, state norms, psychology and socio-cultural norms.
Analysis of Fairness in Inheritance Distribution according to Badamai Customs among the Muslim Banjar Community in South Kalimantan Syifa, Siti Nur; Akmal, Ahmad Wildan Rofrofil; Muzainah, Gusti; Ahmad, Ahmad; Ali, Ghifari Hirza Firhan
Suhuf: International Journal of Islamic Studies Vol. 37 No. 2 (2025): November
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/suhuf.v37i2.13106

Abstract

The distribution of inheritance according to the Badamai custom is a form of customary inheritance law practised by the Muslim Banjar community in South Kalimantan. This custom results in an equal distribution pattern between male and female heirs. This study aims to analyze the value of justice within this equal distribution system using John Rawls’ Theory of Justice. Conducted as a field study with a sociological approach in South Kalimantan, the research draws on interviews with members of the Indigenous Muslim Banjar Community, community leaders, and supporting literature, including four journal articles. Viewed through Rawls’ theory, the Badamai inheritance system is considered fair because it aligns with two key principles. The first is the principle of equal liberty, which ensures that both men and women have the same fundamental right to inherit property. The second is the difference principle, which seeks to minimize inequality. By implementing equal distribution, the Badamai custom removes disparities in inheritance allocation, ensuring equal opportunities for all heirs. This study contributes to the development of Customary Inheritance Law and encourages local governments to support the establishment of the Badamai institution to help resolve inheritance-related disputes.
Female Circumcision in Banjar Culture: Navigating Customary Law, Islamic Law, and Human Rights Muzainah, Gusti; Firqah Annajiyah Mansyuroh; Rusdiyah, Rusdiyah; Azhar, Alias
Al-Ahkam Vol. 35 No. 2 (2025): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.2.27814

Abstract

This study examines the practice of female circumcision (basunat) among Banjar communities in South Kalimantan-Indonesia, where customary law and Islamic belief intersect with global human rights discourse. The research addresses the legal tension between the international prohibition of Female Genital Mutilation (FGM) and local acceptance grounded in 'urf and maqāṣid al-sharī‘a. Using a normative legal approach supported by qualitative field data—interviews, local regulations, and fiqh analysis—the study reveals that basunat is a purely symbolic, non-cutting, and non-invasive ritual performed hygienically by trained midwives. Distinct from FGM, it functions as a rite of purification and moral responsibility, strengthening social cohesion and spiritual identity. The findings demonstrate a form of localized legal consciousness that reconciles cultural practice with Islamic legal reasoning. The study contributes to scholarship on legal pluralism, urging context-sensitive legal frameworks that differentiate symbolic basunat from FGM while safeguarding both human rights and cultural heritage in pluralistic societies.
Legal Reformulation of Religious Court Divorce Decisions in Indonesia Due to Religious Conversion (Apostasy) Based on Unification and Principles of Islamic Law Formation Syaiful Annas; M. Fahmi Al-Amruzi; Gusti Muzainah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6191

Abstract

Religious Courts as a manifestation of Islamic justice is reflected in its decisions that make Islamic law (fiqh) as a reference to its legal considerations. The difference in opinion of fiqh scholars regarding the application of divorce mechanisms due to the religious conversion of one of the parties, has implications for the birth of disparities in religious court decisions due to the absence of legal unification so as not to guarantee the realisation of justice, certainty and legal expediency in the decision. This research aims to explore and analyse the disparity in religious court decisions and to reformulate the law that is more appropriate in applying the divorce mechanism due to the religious conversion of one of the parties. This research is normative legal research, which is qualitative and uses a philosophical approach. The importance of legal unification so that there is no disparity in decisions will ensure the realisation of justice, certainty, and expediency, Moreover, religious court decisions as a manifestation of Islamic judicial decisions will become law for the community, therefore, it must also consider the principles in the formation of Islamic law
Co-Authors Ahmad Ahmad Ahmad Subakir, Ahmad Ahmadi Hasan Ahmadi Hasan Ahmadi Hasan Akmal, Ahmad Wildan Rofrofil Al Amruzi, HM Fahmi al-Amruzi, M. Fahmi Ali, Ghifari Hirza Firhan Alias Azhar, Alias APHA, Journal Manager Ariyadi Ariyadi, Ariyadi Dominikus Rato Emy Handayani Fahmi Al amruzi Faridh, Miftah Firqah Annajiyah Mansyuroh Firqah Annajiyah Mansyuroh Hafidzi, Anwar Islamy, Athoillah Jalaluddin Jalaluddin M. Fahmi Al Amruzi, M. Fahmi M. Fahmi Al-Amruzi Mansyuroh, Firqah Annajiyah Marthin, Marthin Muhsin Aseri, Muhsin Munisah Munisah Nur Aida, Nur Nur Hikmah Nur Wakhidah Nurwijayanti Pawana, Sekhar Chandra Purwoko, Agus Rabiatul Adawiyah Rahadian, Mohammad Febry Raihanah Abdullah Rini Fidiyani Rosnidar Sembiring RUSDIYAH RUSDIYAH Sadiani Setiawan, Alfiandri Siti Maghfirah Sri Warjiyati St. Zubaidah Suprapto Suprapto Susilo, Adib . Syaiful Annas Syaikhu Syaikhu Syaikhu Syaikhu, Syaikhu Syifa, Siti Nur Wafi, Akhmad Wahidah Wahidah Yusuf Setyadi Zeti Nofita Sari Ziyad, Ziyad