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All Journal Ulumuna Al-Manahij : Jurnal Kajian Hukum Islam
Ali Murtadho Emzaed
IAIN Palangka Raya
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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A Politics of Recognition: The Legislation of Zakat Law in a Transition of New Order and Reform Era Ali Murtadho Emzaed; Kamsi Kamsi; Ali Akhbar Abaib Mas Rabbani Lubis
Ulumuna Vol 24 No 2 (2020): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ujis.v24i2.404

Abstract

This article discusses Islamic civilians' struggles in gaining recognition of ‘positivization’ of Zakat Law No. 38/1999 and analyzes dynamics of relations between religion and the state in Indonesia. A period of democratic transition from Suharto to B.J. Habibie (Reform era 1998) marked an entry point for a new phase of state juridical recognition to Islamic law. In this paper, the dynamics of political recognition of zakat law are elucidated from a historical-critical analysis. The findings are twofold. Firstly, the zakat law was enacted during B.J. Habibie’s administration, where waves of democratization began. Secondly, the Islamic civilians played an important role in institutionalizing zakat and providing political support for the Ministry of Religion's efforts in proposing Zakat Management Bill (RUUPZ) to the House of Representatives. The state acknowledged multicultural society by adopting their living religious law whose application does not threaten the nation's unity.
Islamic Law Legislation in Indonesia: Anomalies of the Relationship between Political Configuration and Zakat Legal Product during the Reform Era Ali Murtadho Emzaed; Ibnu Elmi AS Pelu; Shakhzod Tokhirov
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 1 (2023)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v17i1.7815

Abstract

This article discusses the anomaly of democratic political configuration relation that produces conservative zakat law product in Law Number 23 Year 2011 on Zakat Management. Zakat law has experienced the positivation of Islamic law through what is called the legislative process in the House of Representatives. Through its stipulation, it actually led to rejection from Muslim civil society groups. This rejection is an indication that the law is not responsive to civil society. This research is normative juridical with a political approach to law that places legislation as a political product. Edward W. Soja’s spatial justice theory is used to analyze this issue. The findings of this research are, first, the anomaly of political configuration relations towards zakat law products occurs because of the still entrenched character of executive dominance in making zakat law in the DPR. Second, to produce a responsive law, it must provide space for spatial justice through the participation of Islamic civil society in making zakat law.
Co-Authors Ali Akhbar Abaib Mas Rabbani Lubis Ibnu Elmi AS Pelu Kamsi Kamsi Shakhzod Tokhirov