Jamal Jamal
Universitas Muhammadiyah Malang

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Good Muslims and Good Citizens: How Fiqh al-Aqalliyyat Solves the Problems of Muslim Minorities in the West Adel Ibrahim A. Alturki; Jamal; Ahmad Wasito
Peradaban Journal of Religion and Society Vol. 2 No. 1 (2023)
Publisher : Pustaka Peradaban

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (442.887 KB) | DOI: 10.59001/pjrs.v2i1.53

Abstract

Fiqh al-aqalliyat articulates the importance of providing a normative basis for religious, social, and political activities for Muslim minorities in non-Muslim societies. It aims to help those who seek a healthy middle way between being a good Muslim on the one hand and being a good citizen on the other. The view of Fiqh al-aqalliyat does not only provide a way out for the Muslim minority to carry out religious obligations in unique and special situations. More than that, Fiqh al-aqalliyat also provides a conceptual basis for Muslim minorities to integrate and become part of Western society.
Negotiating Islamic norms and social transformation: Marriage law reform in Indonesia from a legal pluralism perspective Jamal Jamal; Siti Rohmah; Ahmad Qiram As-suvi
Referensi Islamika: Jurnal Studi Islam Vol. 4 No. 4 (2026): AUGUST
Publisher : Academic Bright Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66053/ri.v4i4.930

Abstract

This study examines the legal politics of marriage law reform in Indonesia by tracing the historical configurations of legal pluralism and analyzing how each configuration has reshaped the negotiation between Islamic norms, state legal authority, and social transformation within the national marriage law system. This research employs a normative legal method using historical, statutory, and conceptual approaches. Data were collected through library research on legislation, judicial developments, and relevant literature, then analyzed descriptively and analytically. The study finds that marriage law reform in Indonesia is shaped by continuous negotiation between Islamic norms, state legal authority, customary (adat) legitimacy, constitutional rights, and social transformation. This negotiation demonstrates that reform functions not merely as legal modernization but as an ongoing institutional process through which competing religious, legal, and social norms are accommodated within Indonesia's plural legal order. This study is limited to normative and doctrinal analysis and does not include empirical examination of judicial practices, community responses, or the practical effectiveness of marriage law reform across different social settings. This article offers an original contribution by employing legal pluralism as the principal analytical framework to explain how marriage law reform in Indonesia is shaped by the continuous negotiation of Islamic norms, state authority, and social transformation, rather than treating reform merely as a sequence of legislative change.