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Positifikasi Hukum Islam di Indonesia: Prospek dan Problematikanya Sodiqin, Ali
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 1 No. 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1922

Abstract

Implementation of Islamic law in Indonesia has any problems, internal aspectand external one. In reality, the relationship between Islam and the state have caused afriction of interests between of moslem in one side and the state in another. As areligion, Islam put all its norms into effect for its adherents,meanwhile the state isimpossible to conduct rule of law from one religion. In other hand, institutionalizationof Islamic law faced two problems, firstly,related to the position of Islamic law in thenational law, and secondly, related to internal aspect of Islamic law. These problems areimplicate to the developmental prospect of Islamic law in Indonesia. The suggestedfactors of Islamic law are majority in adherents, widely the object,and supporting ofIslamic organizations. The handicaps of implementing of Islamic law are uncompletelyin its institutionalization, and dichotomy of Islamic thought, and influence ofunstability political law in Indonesia.
Towards an Integrated Legal Studies Department in Indonesia: Transdisciplinary Framework for Legal Higher Education Nasrudin, Muhamad; Sodiqin, Ali; Mujib, Abdul
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.12985

Abstract

Indonesia’s pluralistic legal system institutionalizes legal education into four departments—Legal Sciences, Islamic Legal Sciences, Hindu Legal Sciences, and Customary Legal Sciences—reflecting its colonial and post-colonial legal heritage. Yet, this segmentation fosters a fragmented curriculum that hampers graduates’ holistic legal competence and limits their capacity to uphold justice and legal certainty. Moreover, inter-departmental disparities have led to systemic exclusion from legal professions for certain groups. This paper proposes a unifying framework—grounded in systems theory, Friedman’s legal system model, and Amin Abdullah’s integration–interconnection paradigm—to merge these departments into a single Indonesian Legal Studies Department. In this model, current departments would serve as concentrations within a cohesive structure, producing graduates equipped to address contemporary legal challenges. The objective is to nurture professionals endowed with broad, integrated, and robust perspectives, enabling them to uphold legal certainty, advance substantive justice, and contribute to public welfare within a progressive legal system. It is therefore recommended that the reform of Indonesian legal education be directed toward establishing an integrated governance framework supported by a unified national curriculum, faculty capacity-building, institutional exchanges, and recognition of diverse legal traditions, in order to realize genuinely transdisciplinary legal scholarship and professional practice.
Reconstructing Zakat Governance in Indonesia: A Maqāṣid al-Sharī‘ah Approach to Constitutional Reform A Hashfi Luthfi; Ali Sodiqin; Moh. Tamtowi
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.13033

Abstract

Recent reforms in Indonesia’s zakat governance have intensified debates concerning the balance between state authority and civil society participation, particularly following Constitutional Court Decisions No. 97/PUU-XXII/2024 and No. 54/PUU-XXIII/2025. Existing studies on zakat governance have predominantly emphasized managerial efficiency, institutional performance, and administrative accountability, while paying limited attention to the constitutional implications of zakat regulation and its alignment with the normative objectives of Islamic law. This study addresses this gap by examining how zakat governance in Indonesia can be reconstructed through the integration of constitutional principles, good governance, and maqāṣid al-sharī‘ah. The study aims to examine the extent to which the current zakat management framework aligns with the objectives of maqāṣid al-sharī‘ah, evaluate the institutionalization of good governance principles, and formulate a participatory governance model that balances state authority with civil society involvement. Employing a normative legal research design, this study utilizes statutory, conceptual, and maqāṣidī approaches through doctrinal analysis of Law No. 23 of 2011 on Zakat Management and relevant Constitutional Court decisions. The findings reveal that Indonesia’s zakat governance remains structurally centralized under BAZNAS, generating institutional imbalances and weakening participatory accountability. Although the Constitutional Court upheld the legality of the current framework, it simultaneously mandated reforms to strengthen transparency, accountability, and public participation. This study proposes a maqāṣid-based good zakat governance model grounded in dual oversight and institutional checks and balances to promote distributive justice, public welfare, and sustainable zakat governance.
Halal but Forbidden? A Systems Approach to Tompangan Transactions in Sumenep, Madura Suaidi; Ali Sodiqin
El-Mashlahah Vol 15 No 2 (2025)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v15i2.9049

Abstract

The tompangan tradition in Sumenep, Madura, is a long-standing form of communal cooperation involving exchanging money and goods. However, on November 12, 2023, during a bahsul masā’il session, the Sumenep branch of Nahdlatul Ulama (PCNU), led by KH. Hafidzi Syarbini declared that the practice is “permissible but prohibited.” This ruling reflects growing public concerns over its negative effects, as tompangan has increasingly shifted from social solidarity toward profit-oriented practices that burden families economically. The study examined the transformation through the lens of maqāṣid al-syarī‘ah using Jasser Auda’s systemic approach. Employing a socio-legal, qualitative-exploratory method, data were collected through interviews and literature review. The findings reveal a shift in value from social to profit-driven orientations; many transactions have become individualistic, self-serving, and textually exclusive, neglecting broader ethical and social considerations. As the result, this shift fails to realize both the al-hadaf (immediate goals) and al-gayah (ultimate purposes) of Islamic law, diverging from Auda’s systemic interpretation of the maqāṣid. The study contributes by framing tompangan, not merely as a socio-cultural phenomenon but also as a legal-ethical case that illustrates the tension between ʿurf and the higher objectives of Islamic law. The findings enrich contemporary Islamic legal discourse by offering the systemic maqāṣid framework as a critical analytical tool for evaluating socio-religious practices.
Negotiating Halal Certification in Bali: Legal Frameworks, Cultural Governance, and Muslim Tourism Market Tensions Wahyu Sri Handono; Ali Sodiqin; Volodymyr Shablystyi
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3878

Abstract

This study examines how halal certification is negotiated within Bali’s Hindu-majority tourism industry, where Indonesia’s halal regulatory frameworks intersect with local cultural governance and the growing Muslim tourism market. It addresses the limited attention given to halal tourism in Muslim-minority contexts and the governance tensions that emerge in such settings. Using a qualitative-dominant mixed-methods approach, this study draws on field-based data collected through semi-structured interviews with tourism stakeholders, including business actors, government officials, and community leaders, supported by relevant policy documents and academic literature. The findings reveal a dynamic interplay of support and resistance toward halal certification, shaped by religious values, sociocultural conditions, economic interests, and stakeholders’ professional orientations within Bali’s tourism ecosystem. Many actors view halal certification as a strategic instrument for attracting Muslim tourists and expanding market opportunities. However, resistance persists when certification is perceived as an externally imposed religious regulation that may challenge Bali’s local cultural identity. This study contributes to the literature by framing halal certification as a negotiated governance mechanism shaped by legal frameworks, cultural identity, and expectations in the Muslim tourism market. It argues that effective halal tourism development in Muslim-minority destinations requires culturally adaptive, inclusive, and communicative policy approaches that align economic incentives with local values.
Productive Zakat and Poverty Alleviation : A Legal System Analysis of BAZNAS Cirebon City and Its Contribution to the SDGs Syaefullah Syaefullah; Ali Sodiqin; Abdul Mujib; Fathur Baldan Haramain
Al-Intaj : Jurnal Ekonomi dan Perbankan Syariah Vol 12, No 2 (2026)
Publisher : Faculty of Economics and Islamic Business, UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/aij.v12i1.12175

Abstract

Purpose: Lawrence M. Friedman’s legal system theory explains legal effectiveness through the dynamic interaction of legal structure, legal substance, and legal culture. Drawing on this framework, this study examines the implementation of productive zakat management at BAZNAS Cirebon City and its contribution to the achievement of the Sustainable Development Goals (SDGs). It addresses a research gap concerning the relationship between the normative framework governing productive zakat and its practical effectiveness in promoting sustainable poverty alleviation and economic empowerment.Design/Methodology: This research employs a qualitative socio-legal approach. Data were collected through in-depth interviews with BAZNAS administrators and beneficiaries, field observations, and document analysis. The data were analyzed using Lawrence M. Friedman’s legal system framework, encompassing the dimensions of legal structure, legal substance, and legal culture, to evaluate the effectiveness of productive zakat governance and its alignment with SDGs objectives.Findings: The findings reveal that the legal substance and institutional structure of productive zakat management generally comply with Indonesian zakat regulations and principles of good governance. However, weaknesses remain in data integration, digital governance, and inter-institutional coordination. From the perspective of legal culture, limited mentoring, insufficient entrepreneurial capacity building, and the low transformation of mustahik into muzakki reduce program effectiveness. Although productive zakat contributes to strengthening beneficiaries’ economic resilience and supports several SDGs targets, its overall impact on poverty reduction in Cirebon City remains constrained due to weak integration with local government development policies.Practical Implications: The study suggests that BAZNAS and policymakers should strengthen cross-sectoral collaboration, integrate digital data management systems, and establish outcome-based evaluation mechanisms using multidimensional poverty indicators. These measures can improve the effectiveness of productive zakat programs and enhance their contribution to sustainable development and inclusive economic empowerment.Originality/Value: This study offers a novel contribution by integrating Lawrence M. Friedman’s legal system theory with the SDGs framework to evaluate productive zakat governance. Unlike previous studies that primarily assess zakat from legal compliance or economic performance perspectives, this research provides a comprehensive socio-legal analysis that links institutional effectiveness, legal culture, and sustainable development outcomes.