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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Jurnal Hukum Islam
Nor Ismah
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Maqāṣid cum-Mubādalah Methodology of KUPI: Centering Women’s Experiences in Islamic Law for Gender-Just Fiqh Abdul Kodir, Faqiuddin; Nor Ismah; Samia Kotele; Wakhit Hasyim; Fadzila Din
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 19 No. 2 (2024)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v19i2.16617

Abstract

The production of fatwā in Indonesia has traditionally been dominated by male scholars and rooted in conventional methodologies that prioritize textual sources, often neglecting the lived experiences of women. This article examines innovative methodology proposed by the Indonesian Congress of Women Ulama (Kongres Ulama Perempuan Indonesia, or KUPI) to develop a gender-just approach to Islamic jurisprudence (fiqh). Drawing on participant observation of KUPI's fatwa-making processes in two events occurring respectively in 2017 and 2022 and literature analysis, this study explores two key questions: (1) To what extent does KUPI’s maqāṣid cum-mubādalah methodology foster gender-just fiqh? (2) How does KUPI apply this methodology, incorporating both women’s experiential perspectives and literal Islamic texts, in issuing its fatwā on child marriage and abortion in cases of rape? The analysis highlights how KUPI’s maqāṣid cum-mubādalah approach challenges traditional jurisprudence, showcasing its transformative potential. KUPI’s framework integrates maqāṣid asy-syarī’ah (the objectives of Islamic law) with mubādalah a perspective emphasizing equality and reciprocity between men and women. Termed maqāṣid cum-mubādalah, this methodology recognizes lived experiences of women as one of the sources to formulate religious opinions, or fatwā, in Islamic legal tradition. This article underscores the importance of integrating women's experiential perspectives into Islamic legal discourse, offering new insights into evolving interpretations of fiqh that prioritize justice and equality.
Re-Islamization of Land Law in Global Context: An Approach to Fight Ecological Scarcity Arif Al Anang; Noorhidayah; Mustafa; Nor Ismah
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6476

Abstract

This research departs from concerns about an environmental crisis that encompasses deforestation, land-use change, habitat loss, land grabbing, water contamination, and soil degradation that we have faced. Meanwhile, the urgency of an Islamic response to fight those conditions should be more than simple actions like a religious lecture, Friday sermon, or green fatwa for around 1.9 billion Muslim communities around the world. Therefore, this study aims to critically analyze the Sharia contribution today to improve environmental protection by re-Islamization of forest and land law in modern ways, ultimately, to prevent the development and utilization of land and forest resources from continuing to fall into the vicious circle of the past. As an Islamic environmental law research, this study used a multi-disciplinary approach, including historical approach, empirical approach, and conceptual approach; it also used a literature review method to synthesize research findings. This paper found that re-Islamized forests and land law could be an ongoing debate due to the differences of national and local legal characteristics that also depend on sharia position if it is an unequivocal discourse. Moreover, accommodating Sharia as an integral part of the state law shown a uniqueness and the flexibilities of Islamic doctrine and an affirmation of Muslim optimism to their faith of course a real contribution to involve in ecological right movement. On the other hand, considering the re-Islamization of forests and land law is an alternative source to enforce the ecological behaviours of the Muslim community to more pro-environment.
Co-Authors Arif Al Anang Fadzila Din Faqiuddin Abdul Kodir Mustafa Noorhidayah Samia Kotele Wakhit Hasyim