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All Journal Musawa : Jurnal Studi Gender dan Islam Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Al-Mazaahib: Jurnal Perbandingan Hukum Al-Manahij : Jurnal Kajian Hukum Islam Al-Hukama: The Indonesian Journal of Islamic Family Law
Agus Moh. Najib, Agus Moh.
UIN Sunan Kalijaga Yogyakarta
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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 1 
Kepala Negara Perempuan Dalam Perspektif Hadis Najib, Agus Moh.
Musawa Jurnal Studi Gender dan Islam Vol. 3 No. 1 (2004)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2004.31.1-14

Abstract

The classical ulama agreed that women are not allowed to be the head ofa state. This view was based on, among others, the context when they lived. Besides, there was an often quoted hadith stating that it was forbidden for the Muslim community to choose women as their head of state. This is of course a discriminative view, 'especially when is considered in light of current socio-political circumstances. This article is an initial attempt to scrutinize this very hadith both from its chain of transmission and from its content. There are two approaches  developed by the ulama in understanding hadith texts: some tended to explore the generality of the hadith texts, and some tended to analyze the context within which the texts were written
MENAKAR RUU KKG DARI PERSPEKTIF KAJIAN HUKUM ISLAM Najib, Agus Moh.
Musawa Jurnal Studi Gender dan Islam Vol. 11 No. 2 (2012)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2012.112.197-212

Abstract

The Draft Law on Gender Equality is an early draft at the socialization stage, still to receive inputs from the society. However, there have been many negative responses and many Islamic groups reject it wholesale. Their argument interalia, is that the draft law is secular in nature and is thus contradictory to fundamentalist Islamic teachings and law. This article will attempt to discuss and position the draft law within the ambit of Islamic law. The general conclusion is that while most of the ideas contained within the draft law is much in line with the principles of Islamic law, several articles which conflict with Islamic law need to be revised and changed. The shortcomings and errors within the draft law are indeed in need of criticism, but it should not be a reason to reject the entire draft law
Kontroversi Perempuan Sebagai Wali Nikah Najib, Agus Moh.
Musawa Jurnal Studi Gender dan Islam Vol. 5 No. 2 (2007)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2007.52.211-225

Abstract

The concept of waliin marriage contract is essentially a mean to ascertain the attainment of the goal of a marriage, that is to maintain harmony between a husband and wife in their familial life. The institution of wali (guardianship) is meant to guarantee the rights, safety and welfare of the underage brides before and after they enter their marital life. Thus, it can be said that wali for a brU1e is needed when she is not adult yet, and has no capability to conduct legal acts by herself Meanwhile a waliwho is meant to be her protector should be an adult person with sound judgment and ability to perform legal acts so that the wali can perform the duties appropriately. If the main condition of wali is adulthood and soundness of judgment, then women, not only men, can be a wali, as it is believed by the Hanafis.
AMAL AHLU AL-MADINAH SEBAGAI SUMBER HUKUM ISLAM (Pandangan Imam Malik Ibn Anas dalam Kitab Al-Muwatta`) Najib, Agus Moh.
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 1 No. 2 (2012): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.883 KB) | DOI: 10.14421/al-mazaahib.v1i2.1354

Abstract

Imam Malik ibn Anas (93-175 H/711-791 M) considers that the practice is well established in Medina (amal Ahlu al-Madi>nah) are a source of law to be followed. Amal Ahlu al-Madi>nah according to Imam Malik is a source of law that must be obeyed and there should not menyelisihi. The reason is because Medina is the city where the Prophet's Hijrah, where most of the Qur'an was revealed and the halal and haram set. Medina resident is a resident of the companions who witnessed the revelation down and obey all that is commanded by the Prophet, so they are the ones most aware of the purpose of revelation and the Sunnah of the Prophet. This statement is as he wrote in his masterpiecenya, the Kitab Al-Muwatta '. Imam Malik's view is a reaction of some scholars, such as Al-Lays, Imam Shafi'i and Al-Syaibani. Among scholars Malikiyah, differentiation occurs in the category of charity ahlu al-medina, which is based on history and based on ijtihad. They agreed to accept the first of its kind and different opinions for the latter kind. If we look closely, Amal Ahlu al-Madi>nah raised Imam Malik in Al-Muwatta 'is not always rely on the traditions of the Prophet, but many do not have any rest, good traditions of the Prophet, words and sayings tabi'in friends. Imam Malik prioritize amal Ahlu al-Madi>nah of the ahad hadith and the opinions of friends and tabi'in. Viewed politically, the view of Imam Malik is also a form of opposition to the ruler at that time, the Abbasid dynasty, by clarifying the authority of Madinah through the concept of amal Ahlu al-Madi>nah.
Ragam Alasan Perilaku Hukum Dalam Pernikahan di Masa Covid-19 (Studi Kasus Desa Denanyar Kabupaten Jombang Ni'ami, Mohammad Fauzan; Najib, Agus Moh.
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 12 No. 1 (2022): Juni
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2022.12.1.109-126

Abstract

This study discusses the various reasons for the legal behavior of the people of Denanyar Jombang when carrying out marriages during the Covid-19 period. Given that several policies regulate marriage during the Covid-19 period, such as Circulars, namely; P-006/DJ.III/Hk.00.7/06/2020,P-001/DJ.III/Hk.007/07/2021, and 700/415.10.1.3/2020. The problem that arises is that not all people can understand properly and completely the policies issued by the government, on the one hand, the desire to remain married cannot be rejected. By using the sociology of law approach by carrying out the grounded theory of social action initiated by Max Weber, we conclude that there are various reasons why the people of Denanyar Jombang continue to carry out marriages during the Covid-19 period, which is shown in the legal behavior taken by the community. Reading the theory of social action can be inferred and reduced to the presence of effectual action, traditional action, an act of value rationality, and an act of value rationality as the basic foundation of the Denanyar community in their action. [Kajian ini membahas mengenai ragam alasan perilaku hukum masyarakat Denanyar Jombang ketika melaksanakan pernikahan di masa Covid-19. Mengingat adanya beberapa kebijakan yang mengatur tentang pernikahan di masa Covid-19 seperti Surat Edaran yaitu; Surat Edaran Nomor:P-006/DJ.III/Hk.00.7/06/2020, Surat Edaran Nomor: P-001/DJ.III/Hk.007/07/2021, dan Surat Edaran Bupati Jombang Nomor: 700/415.10.1.3/2020. Problem yang muncul adalah tidak semua masyarakat mampu memahami secara baik dan utuh kebijakan yang dikeluarkan oleh pemerintah, pada satu sisi keinginan untuk tetap menikah tidak bisa ditolak. Dengan menggunakan pendekatan sosiologi hukum dengan menjalankan grounded theory of social action yang digagas oleh Max Weber sampai kepada kesimpulan bahwa terdapat berbagai ragam alasan masyarakat Denanyar Jombang tetap melaksanakan pernikahan di masa Covid-19 yang ditunjukan pada perilaku hukum yang diambil oleh masyarakat. Melalui pembacaan teori perilaku sosial dapat diinferensikan dan direduksi adanya affectual action, traditional action, an act of value rationality, dan an act of value rationality sebagai landasan pokok masyarakat Denanyar dalam berperilaku.]
Toward Interfaith Equality in Islamic Inheritance Law: Discourse and Renewal of Judicial Practice in Indonesia Riyanta; Najib, Agus Moh.; Bahiej, Ahmad; Falah, Mohammad Bachrul
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.10762

Abstract

The Supreme Court of Indonesia has granted portions of inheritance to non-Muslim relatives through the legal mechanism of wasiat wājibah (obligatory will), based on considerations of propriety and limited to no more than one-third of the estate. This article examines how the Supreme Court establishes the legal basis, rationale, and relevance of applying wasiat wājibah to non-Muslim relatives, and how this practice contributes to the reform of Islamic inheritance law in Indonesia. The study employs a normative legal research method with a case based approach. The findings reveal that the Supreme Court’s decisions to award wasiat wājibah to non-Muslim relatives represent a form of judicial innovation aimed at achieving maslahah (public benefit) among heirs. However, the application of wasiat wājibah remains case-specific, determined by the perceived benefit within the personal relationship between a Muslim testator and their non-Muslim relatives. These rulings hold significant relevance for the reform of Islamic inheritance law in Indonesia. First, conceptually, Islamic inheritance law falls under the domain of mu‘āmalah (civil transactions), which allows for reinterpretation and contextualization based on local realities. Second, the implementation of wasiat wājibah reflects a constructive response to the evolving social and legal dynamics of Indonesia’s pluralistic society.
Reinterpreting The Concept of Shari’ah and Its Implication on Gender Issues Najib, Agus Moh.
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 42 No 1 (2008)
Publisher : UINSunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v42i1.247

Abstract

This paper deals with Mahmoud Mohamed Taha’sthought on shari’ah and gender. The main message conveyed byshari’ah is equality between man and woman with the aim ofachieving gender justice in society. Many Muslim scholars,however, interpret shari’ah text written in the Qur`an and theSunnah textually, partially and out of its context. Suchinterpretation then produce gender biased understandings andunequal gender rulings. This paper analyze how Mahmoudinterprets the concept of shari’ah and implements it on genderissues. Different from many Muslim scholars, Mahmoud views thatshari’ah evolves continuously in the history of human beings and itis showed by the presence of different shari’ahs from one prophetto another, from Adam until Mohamed (peace be upon them).Because of its characteristic, the last shari’ah brought by Mohamedalso must evolve, namely, evolving from the subsidiary verses ofthe Qur`an to its primary verses. In this way, shari’ah rules whichcontain gender discriminations are regarded as transitional rulessuiting the social context at the time. In the contemporary era, therelation between men and women must be based on the primaryverses of the Qur`an which emphasize the principles of genderequality.
Co-Authors Ahmad Bahiej, Ahmad Falah, Mohammad Bachrul Ni'ami, Mohammad Fauzan Riyanta